PUBLIC ADMINISTRATION ACT

CHAPTER 595

PUBLIC ADMINISTRATION ACT

AN ACT to update and replace the Public Administration Act,

Cap. 497, to affirm the values of public administration as an

instrument for the common good, to prouhvide for the application of

those values throughout the public sector, to provide for the

organisation and management thereof, and to provide for other

matters which are consequential or ancillary thereto.

1st March, 2019 *

27th September, 2019 †

ACT III of 2019, as amended by Legal Notices 427 of 2018 and 121 of

2019 and 192 and 197 of 2019, 1 and 19,194, 344, 411, 418, 436, 445, 453 of

2020 and 7, 124 of 2021, 399 of 2021 and 421 of 2021 and 254 , 287, 337,

338 and 367 of 2022 and 31, 117, 283 and 284 of 2023 and 112 , 239, 301,

308 and 327 of 2024 and Acts XVI of 2021 , XXXVIII of 2023 and XVI and

XXXIII of 2024 and by Legal Notices 285 of 2024, 149 and 206 of 2025, 35

and 146 of 2026.

The short title of this Act is the Public Administration

Act.

CODE OF ETHICS FOR PUBLIC EMPLOYEES

AND BOARD MEMBERS

(Article 5)

General Preamble

A Code of Ethics serves as an ethical benchmark and compass

for action and behaviour in relationships with seniors, peers

and subordinates. It outlines the principles and values

governing the conduct of individuals and corporate bodies by

describing behavioural expectations; and it encourages the

identification of, and learning from, such ‘good practices’ in a

respective field. Adopting and upholding a code of ethics

promotes fair conduct; acknowledges the highest standards of

integrity; safeguards rights of citizens, clients and users; and

endorses a vision that embraces probity, exactitude and

professionalism.

A Code of Ethics does not cover standards which people in

general should follow (whether laid down by law or

established by social norms), general employee obligations,

profession-specific standards or organisational cultural

requirements.

Rationale

Ultimately, the authority of any system of Public

Administration rests on the extent to which it earns the respect

of its citizens. That respect comes from the confidence which

people have in the integrity of the system generally, and in the

professionalism and impartiality with which the system goes

about providing its manifold services particularly. All those

employed by the state have their critical part to play in

upholding public respect for the public administration.

The nationals, citizens and residents of Malta have every right

to expect that public employees, employees of state agencies

and members representing government on boards are honest,

fair, efficient, competent and loyal. Actual or potential users

expect the departments and agencies of the Government of

Malta to comply with the letter and the spirit of the law. They

expect official decisions to be made in a timely manner, fairly

and impartially; public funds to be spent wisely; and public

property and public equipment to be used and cared for

responsibly. They expect public employees to behave ethically,

and to be conscientious, courteous and competent in their

work. Users of public services hold public employees

accountable for their behaviour, actions and decisions.

Generations of public employees have sought to honour and

meet these expectations.

Any abuse of trust, resources or information, or personal

opportunism, undermines the entitlement of the Maltese public.

High standards of integrity and conduct should underpin how

public employees go about their business.

This Code of Ethics describes and articulates the framework

that defines the behaviour and actions of the public service and

the wider public sector.

Applicability

1. This Code of Ethics applies to

(a)

public employees and employees of state

agencies and other entities of government to

which the Public Administration Act applies

(hereinafter referred to as "public employees", in

keeping with article 2(1) of the Act). These

include public employees who are seconded to

bodies outside the public administration of Malta;

as well as persons, who may or may not be public

employees, working with Ministries or

Parliamentary Secretariats; and

(b)

the chairpersons and members of standing boards

and

commissions

within

the

public

administration, including the governing boards of

state entities (hereinafter referred to as "board

members").

2. The provisions of this Code cover actions and behaviour

within and outside the public administration, online and

offline, as applicable.

3. The Principal Permanent Secretary may, in writing,

make this Code applicable also to commercial

partnerships or companies in which the Government of

Malta has a controlling interest.

4. The Principal Permanent Secretary may, in writing,

exempt a public employee or a board member from

specific provisions of this Code where exceptional

circumstances so require.

5. Public employees and board members who are members

of a regulated profession and who are therefore subject to

a professional code of ethics are nevertheless expected to

abide by the provisions of this Code except in so far as

an exemption has been granted under paragraph 4.

Multiple codes of ethics should be considered

complimentary to one another, and any conflicts, actual

or perceived, should be resolved, following suitable

consultation, on the basis that the professional code of

ethics prevails with respect to the ethical principles and

practice of the profession while the present Code

prevails with respect to the ethical principles and

practice of any other duty emanating from the

individual’s responsibilities as a public employee or

board member.

6. Public employees who are seconded to bodies outside

the public administration of Malta remain bound by this

Code except in so far as an exemption is granted under

paragraph 4.

7. Under article 5 of the Public Administration Act, the

Principal Permanent Secretary may issue directives to

elaborate on any of the provisions of this Code. Heads of

public organisations may also issue rules of conduct

complementary to the Code. This Code should be read

together with any such directives or any additional rules

and regulations that may apply.

The Values of Public Employees and Board Members

8. In accordance with article 4 of the Public Administration

Act, public employees and board members shall uphold

and operate with the following set of values

(a)

acting with integrity;

(b)

respecting others;

(c)

showing loyalty;

(d)

being worthy of trust;

(e)

striving for quality standards and improvements;

(f)

being accountable for the performance of their

duties and for their behaviour;

(g)

acting in a manner that does not discriminate; and

(h)

being impartial.

Integrity

9. Public employees and board members shall

(a)

act at all times with diligence, honesty, grace and

integrity, such that their conduct can stand the test

of public scrutiny even in situations where no law,

policy or procedure may apply;

(b)

use

public

resources

appropriately,

conscientiously, efficiently and effectively in the

public interest;

(c)

make use of official authority, information or

resources to reach their goals and execute their

responsibilities fairly, impartially and equitably;

and

(d)

refuse any gift, payment, compensation, privilege

or any form of solicitation unless, where gifts are

concerned, they are token in nature and are not

such as to serve as an inducement or influence the

execution of the duties of a public employee or

board member, now or in the future.

10. Public employees and board members shall ensure that

no conflict, real or apparent, arises between their official

duties and any other occupations, activities or interests

(financial or otherwise) that they or their close relations

may have. Such a conflict arises if a public employee or

board member’s ability to faithfully discharge their

duties is, or can reasonably be, called into question on

account of such other occupations, activities or interests,

including instances where the public employee or board

member is placed in a position to be biased or is seen as

potentially being biased.

11. If such a conflict arises, the public employee or board

member shall make this conflict known to their superiors

and take such action as may be necessary to resolve the

conflict.

12. Former public employees bound by an undertaking shall

not, for a period of up to two years after leaving public

employment as specified therein, switch sides by

entering into a relationship of profit with any private

enterprise or non-government body with which the

former public employees dealt in an official capacity

during a period of up to five years immediately prior to

their leaving public employment.

Respect

13. Public employees and board members shall

(a)

treat others, including both clients and colleagues,

with courtesy, civility and respect;

(b)

avoid discrimination or harassment in any form,

direct or indirect;

(c)

treat with suitable respect,

regard

and

consideration the opinions,

beliefs

and

individuality of all persons;

(d)

safeguard their own health and safety and that of

others in the execution of duties, roles and

responsibilities; and

(e)

work with colleagues in a spirit of cooperation

and teamwork.

Loyalty

14. Public employees and board members shall

(a)

observe the Constitution and the law;

(b)

abide by official policies and directions;

(c)

provide objective, knowledgeable and frank

advice on matters within their competence;

(d)

efficiently and effectively implement the policies

of the Government of Malta; and

(e)

act in accordance with any lawful directions,

written or verbal, given by their superiors.

15. Notwithstanding the provisions of paragraph 14(e), public

employees or board members who believe that there are

better ways of achieving objectives are entitled, and

indeed expected, to bring this to their superiors’ attention

before putting instructions into effect; and, if they feel that

they have been given verbal instructions that are contrary

to the Code of Ethics or improper for any other reason,

they can ask for those instructions to be given in writing.

Trust

16. Public employees and board members shall

(a)

act in such a way as to gain and, or maintain the

trust of their superiors and the public;

(b)

safeguard confidential information, particularly

personal data, and not use or disclose it

inappropriately or without authorisation; and

(c)

behave in a manner, in both their official and

private capacities, such as to uphold and reinforce

Malta’s reputation and good standing, and those

of its governing institutions.

17. The obligation to safeguard confidential information is

without prejudice to the disclosure of information in the

interests of transparency or under the Freedom of

Information Act, provided that the decision to disclose is

taken by those with the authority to do so, and provided

that other laws (particularly the legislation on data

protection) are respected.

Quality

18. Public employees and board members shall

(a)

hone and develop their skills and keep abreast of

changes in their area of expertise in order to

improve the execution of their duties and the

delivery of service;

(b)

apply their knowledge, experience, creativity,

drive, and initiative to bring about continual

improvements in the efficiency, effectiveness and

the overall quality of service delivery;

(c)

intelligently and humanely exercise suitable

discretion in the interpretation of rules, with a

view to avoiding a ‘one-size-fits-all’ approach;

(d)

coordinate their activities as necessary with those

of staff elsewhere in the public administration

with a view to improving efficiency in the public

administration as a whole;and

(e)

take steps to identify and, or address poor

performance, misconduct or misuse of resources.

Accountability

19. Public employees and board members shall

(a)

act in a manner that is transparent and in

compliance with applicable laws, regulations,

directives, policies and procedures;

(b)

be ready to have their actions judged by others;

(c)

be prepared to give a clear explanation of their

judgements, behaviours, intentions and actions to

any stakeholder authorised to demand such

explanation;

(d)

report any violations of the Code of Ethics by

other public employees or board members;

(e)

fully co-operate with investigations by any

authorised person or entity, whether internal or

external to the public administration;

(f)

take responsibility for their actions and behaviour

and in this regard shoulder the level of

responsibility that is appropriate to their posts.

This includes accepting responsibility for their

errors, misjudgements and negligence and being

held accountable therefor; and

(g)

assign responsibility for tasks and duties to

subordinates as appropriate and carry out the

necessary oversight and monitoring to hold these

same accountable. This shall also include the

responsibility to give credit to others where credit

is due.

Non-discrimination

20. Public employees and board members shall

(a)

not discriminate in any manner or on any basis

including race, place of origin, nationality, skin

colour, political opinions, creed, sex, sexual

orientation, expression or gender identity, civil

status, mental or physical well-being;

(b)

not act in a manner that impairs one’s enjoyment

of one’s fundamental rights and freedoms,

provided that this enjoyment does not prejudice in

any manner and at the same time respects the

rights and freedoms of others or the public

interest, where fundamental rights and freedoms

are legitimately subject to the public interest; and

(c)

treat all with dignity and respect.

Impartiality

21. (1)

Public employees and board members shall

(a)

act in line with official Government policy and

procedure;

(b)

protect and ensure the right of every person to

have one’s affairs handled impartially and fairly;

(c)

ensure that decisions made are based on objective

criteria and not tarnished by any personal bias,

conflict or prejudice or designed to favour or

benefit or give any manner of unjustified

preferential treatment to one person over another;

(d)

maintain political neutrality and not bring the

public service into disrepute through their private

activities;

(e)

ensure that any public comments made (including

on social media), and, or their participation in

political activities, do not undermine or

jeopardise public confidence in the competence

and impartiality of the public administration, or

bring these same public employees and board

members into conflict with their duty to

impartially serve the Government of Malta;

(f)

remain loyal to the Government of the day in the

execution of their duties and responsibilities and

never act in a manner that may undermine the

achievement of Government policy or direction or

otherwise diminish public confidence in

Government in any way, extent or manner.

(2)

Political participation and public comment by public

employees and board members may be subject to

limitations in line with rules and regulations aimed at

maintaining public confidence in the impartiality of the

public administration.

Compliance with the Code

22. Compliance with this Code should result in

(a)

a more effective, motivated and committed public

service, operating within a convergence of high

moral and ethical standards;

(b)

high quality in delivery of service by public

employees and board members;

(c)

a stronger satisfaction by users and clients of the

public service;

(d)

a professional ethos that foregrounds the drive

towards excellence and continuous improvement

of service; and

(e)

giving credence to the understanding that the

public administration is ultimately a single body

with shared roles, duties, obligations and

responsibilities.

23. Non-compliance with this Code may result in

(a)

disciplinary proceedings, where public employees

are concerned;

(b)

the termination of the appointment to boards, or

the imposition of certain conditions on their

appointments, where board members are

concerned;

(c)

the execution of relevant provisions deriving

from any applicable undertakings; and, or

(d)

the initiation of criminal proceedings, where this

is called for in respect of serious breaches of trust

and, or non-compliance, where both public

employees or board members are concerned.

(1)

In this Act, unless the context otherwise

requires

"Code of Ethics" means the code of ethics established 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 Public Service

Commission Disciplinary 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;

"government entity" means an organisation, not being a

government department, specialised unit, a government agency or a

commercial partnership, in which Government has a controlling

interest, whether or not such organisation is established by law;

"grade" consists of a group of one or more posts in one or more

ministries or departments that bear a common designation and form

part of a career stream providing for mechanisms of promotion from

one grade to another;

"Higher Executive Service" means the body of senior public

officers to which article 19 refers;

"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 7;

"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, specialised units and the

agencies, government entities, commissions and boards referred to in

this Act;

"public administration values" means the values listed in

article 4;

"public employee" includes public officers and employees of

government agencies and government entities;

"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 except those listed in sub-

article (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 sub-article (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 sub-article (2);

"Public Service Commission" means

the

Commission

established by article 109 of the Constitution;

"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, Information and Data Protection Commissioner

and Commissioner for Standards in Public Life; and

(c)

the Broadcasting Authority, the Electoral

Commission, the Employment Commission, Parliament, and

(in so far as this Act does not specifically refer to it) the Public

PUBLIC ADMINISTRATION

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 Office of the Public Service Commission.

(3) Unless otherwise specified 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.

Amended by: 

L.N. 301 of 2024; 

L.N. 308 of 2024; 

Part I

L.N. 149 of 2025; 

L.N. 206 of 2025.

Departments other than those not subject to ministerial control

Other offices

Equivalent

Head of

with statutory

Department

title at law

Function of the department

department

powers

(article 11)

(article 11)

Director (Active

Department of

To implement the National

Active Ageing

Ageing and

Active Ageing Strategy, the

Community Care)

and

National Dementia Strategy as

Community

well as all services for older

Care

persons both at community

and residential basis on a

national level

Cabinet Office

Secretary to the

To support the workings of

Cabinet

Cabinet

Other offices

Equivalent

Head of

with statutory

Department

title at law

Function of the department

department

powers

(article 11)

(article 11)

Department of

Director (Civil

To provide fire-fighting and

Civil

Protection)

rescue services and take

Protection

protective action against

natural, industrial and other

emergencies

Cleansing and

Director General

To provide public cleansing

Maintenance

(Cleansing and

services, plan and carry out

Department

Maintenance)

maintenance work

Commerce

Director General

Comptroller

To monitor and provide

Department

(Commerce)

of Industrial

assistance to small enterprises

Property

and craft industries, and to

regulate intellectual property

Director of

and trade

Trade

Director of

Industry

Office of the

Commissioner for

To administer fiscal legislation

Commissioner

Revenue

and the collection of revenue

for Revenue

Department of

Director General

Director of

To regulate, approve and

Contracts

(Contracts)

Contracts

monitor the award of public

contracts granted by and on

behalf of contracting

authorities, contracting

entities and bodies governed

by public law

Courts of

Director General

To support and facilitate the

Justice

(Courts)

administration of justice

Department

Director (Civil

Director,

Courts and

Civil Courts

Civil

and Tribunals

Tribunals,

Registrar,

Malta)

Civil Courts

and Tribunals

Director

Director,

(Criminal

Criminal

Courts and

Courts and

Criminal

Tribunals

Tribunals,

Registrar,

Malta)

Criminal

Courts and

Tribunals

Director

Director,

General (Gozo

Gozo Courts

Courts and

and Tribunals

Tribunals)

Registrar,

Gozo Courts

and Tribunals

Other offices

Equivalent

Head of

with statutory

Department

title at law

Function of the department

department

powers

(article 11)

(article 11)

Critical

Director (Critical

To regulate, supervise and

Infrastructure

Infrastructure

monitor the cybersecurity and

Protection

Protection)

the resilience of sectors of high

Department

criticality and other critical

sectors, to provide national

CSIRT services, and to act as

the national point of contact on

such matters in cross-border

cooperation.

Customs

Commissioner for

Comptroller

To collect customs and excise

Department

Revenue

of Customs

duties and curb illegal

imports while facilitating

trade

Economic

Director General

To provide expert advice and

Policy

(Economic

assistance to Government in

Department

Policy)

the formulation of economic

policy and the management of

economic activity

Fisheries and

Director General

Director

To promote, develop and

Aquaculture

(Fisheries and

responsible

regulate aquaculture

Department

Aquaculture)

for Fisheries

Director of

Agriculture

and Fisheries

Department

Superintendent of

To safeguard public health

for Health

Public Health

and to license, monitor and

Regulation

inspect the provision of

healthcare services

Department

Director General

To ensure the effective and

for Healthcare

(Healthcare

efficient operation and

Services

Services)

delivery of healthcare

services

Department of

Director

Press

To provide the public with up

Information

(Information)

Registrar

to date, comprehensive and

meaningful information on

Government policies,

services and activities, and on

matters which may be of

public interest

Inland

Commissioner for

Commis-

To administer fiscal

Revenue

Revenue

sioner of

legislation in relation to

Department

Inland

income and other taxes

Revenue

Department of

Director (Justice)

To coordinate and support

Justice

areas in the justice sector

Department

Director (Local

Director

To support and monitor

for Local

Government

responsible

activities of the Local

Government

Monitoring and

for Local

Councils

Support)

Councils

Malta Police

Commissioner of

Principal

To preserve peace and order,

Force

Police

Immigration

to detect and investigate

Officer

offences, and to prosecute

offenders; to control

immigration into Malta

Other offices

Equivalent

Head of

with statutory

Department

title at law

Function of the department

department

powers

(article 11)

(article 11)

Department

Chief Medical

To advise the Minister for

for Policy in

Officer

Health on all matters relating

Health

to health policy

Department of

Director

Director of

To help ensure social stability

Probation and

(Probation and

Probation

in Maltese society by

Parole

Parole)

Services

contributing to minimise the

frequency of crime and by

ensuring the re-integration of

offenders into society,

through probation, parole and

victim support services

Director

To provide blood banking

Department

General

operating the

services, including labile blood

products; stem cell collection

Blood, Tissue

(Blood,

and Cells

for cellular therapies, including

Tissues and

Centre

autologous stem cell

Cell Centre)

transplantation, human

leukocyte antigen typing, bone

marrow donor registry, and

tissue banking services

including bone, cornea and

amnion banking services and

any other tissues and cells for

which there is clinical demand.

Rural

Director General

To promote and develop

Development

(Rural

farming through

Department

Development)

diversification and

competitiveness

Director

Director of

(Agriculture)

Agriculture

Department of

Director General

To administer the social

Social

(Social Security)

security (contributory and

Security

non-contributory) scheme and

provide timely financial

assistance and other social

benefits, pensions and

allowances to eligible

applicants

Director 

Department of

To facilitate discussion by

Public

(Public

establishing structures through

Consultation

Consultations)

which the public may contribute

significantly on current themes

and assist the Public

Administration in public

consultations to strengthen

social dialogue.

Treasury

Accountant

To maintain a uniform

Department

General

accounting system across

Government departments; to

supervise, monitor and report

on all Government financial

transactions and manage

public debt

Value Added

Commissioner for

Commis-

To ensure that all persons

Tax

Revenue

sioner of

performing an economic

Department

Value Added

activity for a consideration

Tax

duly register under the VAT

Act, and collect dues

Other offices

Equivalent

Head of

with statutory

Department

title at law

Function of the department

department

powers

(article 11)

(article 11)

Veterinary

Director General

To administer and enforce the

and

(Veterinary and

Plant Quarantine Act, the

Phytosanitary

Phytosanitary

Veterinary Services Act and

Regulation

Regulation)

the Animal Welfare Act

Department

Director (Plant

Director

Protection)

(Plant Health

Services)

Director

Director for

(Veterinary

Veterinary

Regulation)

Services

Director

Director for

(Animal

Animal

Welfare)

Welfare

Public Works

Director General

Director of

To design, plan and undertake

(Works), 

Department

Public Works

works intended for the use of

Works Division

the general public, assess public

safety risks, provide technical

expertise to the Government in

project design, implementation,

and manufacturing services,

maintain the National Flood

Relief Project, undertake

strategic planning and

implement preventive and

emergency measures in coastal

areas, design and certify urban

runoff and flood relief systems

including water recovery

projects.

Director General

To design, plan and manage

(Community

projects intended for public use

Projects),

including the embellishment of

Community

public spaces, the construction

Projects Division

and renovation of open spaces,

and the undertaking of

initiatives and projects for the

benefit of the local community

and the public in general.

Part II

Departments not subject to ministerial control

Other offices

Head of

with statutory

Equivalent title at

Function of the

Department

department

powers

law (article 11)

department

(article 11)

Electoral

Chief Electoral

To support the Electoral

Office

Commissioner

Commission in the

exercise of its functions

Internal Audit

Director

Director, Internal

To conduct internal audits

and

General

Audit and

and investigations under

Investigations

(Internal Audit

Investigations

the Internal Audit and

Department

and

Directorate

Financial Investigations

Investigations)

Act

Office of the

Secretary to the

To support the President in

President

Presidency

the fulfilment of his

constitutional duties

Office of the

Executive

To support the Public

Public Service

Secretary,

Service Commission in the

Commission

Public Service

exercise of its functions

Commission

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

(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).

Substituted by: 

L.N. 338 of 2022. 

Amended by: 

SPECALISED UNITS

L.N. 239 of 2024; 

L.N. 285 of 2024; 

L.N. 35 of 2026; 

(Article 9)

L.N. 146 of 2026.

Specialised

The functions of

The

Administrat

Minister

Legal

Unit

the Unit

defined

or of the responsible for

Personality

period

Unit

the Unit

Ta’

(a)

to

Three (3)

Head

Minister

No

Qali

preserve and

years

responsible for

National

promote the Park as

public works

Park Unit

a recreational and

open public space;

(b)

to

recommend to the

Minister a policy for

the use and drawing

up of rules for the

use of the Park;

(c)

to

draw up and adopt a

strategy for the

management of the

Park;

(d)

to

draw up a plan for

the maintenance and

up-keeping the Park

in good condition;

(e)

to

coordinate the

maintenance and

up-keeping in good

condition of the

Park;

(f)

to

draw up and adopt

health and safety

procedures and

protocols in the

Park and ensure that

the same are

accessible to the

public;

(g)

to

draw up and adopt

emergency

procedures

and

protocols in the

Park and ensure that

the

same

are

accessible to the

public.

The above-

mentioned

functions of the

Unit

shall

be

exercised in respect

of

the

Malta

National

Park

which covers an

area

of

three

hundred thousand

square

meters

(300,000m 2 )*

"National

To carry out

Six (6) Head being a

Minister

Yes

Drugs and monitoring and to

years

Non-

responsible for

Addictions draw up reports,

Executive

Social Policy

Unit

statistics and

Chairperson

surveys on the

assisted by

subject of drugs

other public

and other

officers of

addictions, to

defined

coordinate the work

grade

of Government

departments in the

field and to act as

national focal point

for local and

international

collaboration on

drugs and

addictions.

Joint

(a) to fully Five (5)

Head

Minister

Yes

Office Unit assume

the years

(appointed

responsible for

existence of the

by

lands

Joint Office as

agreement

established

by

between the

article 4 of the

Holy See and

Ecclesiastical

the

Entities (Properties)

Government

Act and by article

of Malta in

16 of the Agreement

accordance

between the Holy

with article

See

and

the

16(2)(c) of

Republic of Malta

the

contained in the

Agreement

Schedule to the said

between the

Act;

Holy See and

the Republic

of

Malta

contained in

the Schedule

to

the

Ecclesiastica

l

Entities

(Properties)

Act, and who

shall

fully

assume the

existence of

the post of

Director of

the

Joint

Office.)

(b) to assume

and perform all the

functions

so

assigned to the Joint

Office according to

the laws of Malta;

(c) to assume

and perform every

role so assigned to

the Joint Office

according to the

laws of Malta;

(d)

to

perform any other

function and role

that may so be

assigned to it from

time to time by

agreement between

the Holy See and

the Government of

Malta;

(e) to provide

support, including

technical, to the

Control Committee

established

by

article 17 of the

Agreement between

the Holy See and

the Republic of

Malta contained in

the Schedule to the

Ecclesiastical

Entities (Properties)

Act, and to give the

said

any

information

and

access to records for

the purposes of

fulfilling its role;

(f) to perform

its functions as a

Unit

with

autonomy.

National

Ten (10)

Head

Minister

No

Veterinary

Years

responsible for

Hospital

veterinary

Unit

services

(a) to be

responsible for the

supervision,

administration,

financial

obligations,

and

control

of

the

National Veterinary

Hospital;

(b) to act as the

competent

authority

responsible for the

supervision,

administration and

observation of the

contract for the

operation and

management of the

National Veterinary

Hospital;

(c) to ensure that

the hospital and its

services operate in

compliance with

applicable laws,

including

regulations and

applicable

professional

standards

governing

veterinary practice,

including licensing,

public

administration,

occupational health

and safety, animal

welfare, and public

service

management;

(d) to ensure that

the National

Veterinary Hospital

provides accessible,

safe, and effective

veterinary services

to the public, in

compliance with

obligations relating

to the provision of

emergency and

critical veterinary

care available

twenty-four (24)

hours a day,

including the

provision of an

on-call service and

the maintenance of

appropriate triage

and referral

systems;

(e)

to

facilitate

clinical

training

and

practical learning

opportunities

for

veterinary

and

animal care courses

offered by MCAST;

(f) to make

available qualified

veterinary

professionals and

specialists to

support learning

and supervisory

activities, while

ensuring that such

educational

activities comply

with MCAST

accreditation and

training standards

and do not

compromise animal

care and welfare or

public safety;

(g) to ensure that

the premises,

clinical areas and

equipment are

properly

maintained and

kept safe, clean and

fit for their

intended purpose.

Boundaries and extent of the Malta National Park*

(1)

In the carrying out of their functions or duties,

public employees shall uphold and promote the following values

(a)

integrity;

(b)

respect;

(c)

loyalty;

(d)

trust;

(e)

quality;

(f)

accountability;

(g)

impartiality; and

(h)

non-discrimination.

(2) Any failure by a public employee to act in a manner that

reflects these values shall constitute grounds for disciplinary

proceedings against that public employee under applicable rules and

procedures.

(3) The Principal Permanent Secretary may issue directives

aimed at upholding and better realising the public administration

values, and public employees shall comply with such directives.

(4) The Sixth Schedule shall contain a list of those posts

within the public administration that, due to the nature of their role

and responsibilities, are considered to be high risk posts

Provided that the Principal Permanent Secretary may

issue directives applicable to the positions so identified.

(5) Public employees holding posts that involve regulatory

and inspectorate functions may be designated for the purposes of this

sub-article and, in the case of any post so designated -

(a)

the incumbent shall be required to enter into an

undertaking under which he shall not, for a period of up to two

years following his resignation, retirement or termination from

public employment, have a relationship of profit with any

private enterprise or non-government body with which he has

dealt as aforesaid during a period of up to five years

immediately preceding his resignation, retirement or

termination from public employment;

(b)

"relationship of profit" means a relationship of

any kind in which the former public employee has done work

for which remuneration is ordinarily payable, whether or not

any remuneration has in fact been received, with a private

enterprise or non-government body;

(c)

the undertaking shall be regarded as a condition

of employment of the post to which it applies, but it shall

continue to apply to the incumbent if he takes up a different

post in public employment; and

(d)

the undertaking shall specify the penalty that

shall apply if its terms are breached, which penalty shall be

equivalent to three years’ salary

Provided that the designation of posts referred to in this

sub-article shall be carried out by a board composed of a chairman

and two other members appointed by the Minister which Board shall

also monitor the proper implementation of this sub-article.

(6)

A person who is subject to an undertaking in terms of sub-

article (5) may request a ruling from the Board established in the same

sub-article to determine whether entering into a particular relationship

of profit would constitute a breach of that undertaking, and no penalty

shall apply to any breach of the undertaking where the person has acted

in conformity with the ruling of the Board.

Amended by: 

XXVIII. 2018.42; 

L.N.121 of 2019; 

Agencies

L.N. 192 of 2019; 

L.N. 197 of 2019; 

L.N. 2 of 2020; 

(Article 26)

L.N. 194 of 2020; 

L.N. 344 of 2020; 

L.N. 418 of 2020; 

Agency

Agency function

L.N. 436 of 2020; 

Agency for Infrastructure

To perform any functions however so

L.N. 445 of 2020; 

L.N. 453 of 2020; 

Malta

described relating to the design,

L.N. 7 of 2021; 

construction, repair, maintenance and

L.N. 124 of 2021; 

L.N. 399 of 2021; 

operation of infrastructural projects

L.N. 412 of 2021; 

including the

setup

and

L.N. 254 of 2022; 

implementation of strategies and policies

L.N. 367 of 2022; 

L.N. 31 of 2023; 

related thereto

L.N. 117 of 2023; 

Agency for the Malta

To adopt and implement the artistic

L.N. 283 of 2023; 

L.N. 284 of 2023; 

Philharmonic Orchestra

strategy of the National Philharmonic

L.N. 112 of 2024; 

Orchestra.

L.N. 327 of 2024.

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

Aġenzija Żgħażagħ

To mainstream youth policy and to

replace the existing Youth Section by

providing youth services on behalf of the

Government

Correctional Services

To oversee the implementation of

Agency

national legislation and policy

concerning Correctional Services, as

well as to oversee the policy and

strategy for the running of the

Correctional Services

Court Services Agency

to execute the functions and duties in

r e l a t i o n t o t h e p r o v i s i o n o f co u r t

services in Malta and in Gozo.

Energy

and

Wa t e r

To execute the functions and duties of

Agency

the public administration in matters

relating to the design, implementation

a n d d i s s e m i n a t i o n o f w a t e r,

conventional energy and alternative

energy policy

European

Union

To promote, implement and manage

Programmes Agency

the Erasmus+ Programme, and other

programmes and initiatives of the

European Union

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

To execute the functions and duties of

Agency

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

To carry out the functions and duties

System Agency

relating to the enforcement of any

l a w, r e g u l a t i o n o r b y e - l a w, t h e

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

Community

Malta

To carry out functions and duties of

Agency

public administration relating to the

process of application for citizenship

for exceptional services in terms of the

Maltese Citizenship Act and to

cooperate wit h oth er Go vernm ent

agencies in all matters relating to

citizenship

Malta Food Agency

To deliver public services in relation

to food from farming and fisheries

Malta International

To be responsible for strengthening and

Contemporary Art Space

ensuring the achievement of the highest

Agency

quality in contemporary art

National Agency for the 

To promote performing arts, provide

Performing Arts

national platforms for performing arts in

Malta and serve as the organizational

and administrative framework for the

Żfin Malta Unit, the Teatru Malta Unit

and the Kor Malta Unit, nurture regular

audiences and establish new ones, and

cultivate a sense of artistic culture

among the people

Management Efficiency

To s u p p o r t p u b l i c s e c t o r c h a n g e

Unit

initiatives through the provision of

consultancy advice

National Development

To implement the functions of the

and Social Fund Agency

National Development and Social Fund

established under the Individual Investor

Programme of the Republic of Malta

Regulations (S.L. 188.03)

National

Literacy

To support the Government in matters

Agency

relating to literacy

Public Administration -

To achieve the retraining and re-skilling

Human

Resource

needs of public employees

Development Unit

Registry of Companies

To function as a public registry for

Agency

commercial partnerships and to execute

those functions and duties relating to the

registration of such commercial

partnerships

Residency Malta Agency

To execute the functions and duties of

the public administration in matters

relating to issuing of residence-by-

investment certificates and other

administrative matters related to

individuals wishing to stay or settle

indefinitely in Malta or Gozo

To execute the functions and duties

Circular Economy Malta

relating to circular economy

(Establishment) Order

To inform and engage citizens in the EU

Servizzi Ewropej f’Malta

processes through the dissemination of

(SEM)

information and assistance on EU

funding programmes.

Servizz.gov Agency

To carry out functions related to the

provision of access to as many as

possible of Government services to as

many as possible service users, in

partnership with the responsible

Departments and Government

entities, through the Servizz.gov

regional-based hubs, multi-channel,

one-stop service

To u r i s m

Zones

To regenerate coastal tourism resorts

Regeneration Agency

and town centre management in

touristic areas.

Valletta Cultural Agency

To perform functions based on the

legacy of the Valletta 2018 Foundation

Victim Support Agency

To exercise and execute the functions

and duties relating to victim support in

liaison with other pertinent Agencies

and Government Departments.

International Protection

To receive, process and determine

Agency

applications for international protection

as well as ensuring an independent, fair

and efficient asylum determination

procedure

Detention

Services

To be responsible for the confinement

Agency

of third country nationals who entered

Malta irregularly or are irregularly

present in Malta, and who have been

issued with an order prescribing their

detention

Project Green

To i m p l e m e n t a n d e x e c u t e

environmental projects and projects

which provide for the embellishment

and creation of green spaces

Aquatic Resources Malta

To coordinate and implement applied

research and development projects

related to the aquaculture and fisheries

industries

Riżorsi Agrikoli Malta

To regulate, administer and provide

services related to agriculture resources

Science Malta

To support the Government in matters

relating to science, technology, research

and innovation.

(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.

(4) The Principal Permanent Secretary may issue directives

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 directives

with respect to boards and commissions.

(5) The head of a department, specialised unit, 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

Appointments of Ambassadors, High Commissioners and principal

representatives of Malta and appointments to certain posts in

Government Agencies and other entities

(Article 38)

FIRST PART

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 Chairman of the Regulator for Energy and Water Services

The Chairperson of the Authority for Transport in Malta

The Chairman of the Malta Communications Authority

The Chairperson of the Malta 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 Chairperson of the Malta Further and Higher Education

Authority

The Chairman of the Financial Intelligence Analysis Unit

The Chairman of the Malta Digital Innovation Authority

The Commissioner for the Rights of Persons with Disability

The Chairperson of the Social Care Standards Authority

The Chairperson of EquestriMalta

The Chairperson of the Older Persons Standards Authority

The Chairperson of the Board of the Occupational Health and

Safety Authority

The Chairperson of the Climate Action 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

........................................................ 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".

Amended by: 

(1)

Where a Minister is assigned responsibility for

any department, agency or entity 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

Provided further that any public employee who receives

directions from the Minister shall inform the Permanent Secretary

forthwith that such directions have been given by the Minister.

(2) A Minister may be assigned responsibility for any

department, agency or government entity including the departments

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.

(4) The Prime Minister may issue directives concerning the

functions, administration and establishment of Ministers’

secretariats, the engagement of staff thereto, the terms and conditions

under which such staff shall serve, and the conditions applicable

upon termination or expiry of the contracts of such staff.

(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 so designated who shall report to the

Minister

Provided that this shall be without prejudice to the provisions

of article 17(7).

(6) The provisions of sub-articles (3), (4) and (5) shall apply

mutatis mutandis to the secretariat of a Parliamentary Secretary.

(1)

Ministers and Parliamentary Secretaries may engage

directly, on a persons of trust basis, individuals from outside the public

service and the public sector

(a)

to act as consultants

to

a

Minister

or

Parliamentary Secretary; or

(b)

to act as staff of the Secretariat of a Minister or a

Parliamentary Secretary; or

(c)

in the event that following repetitive public calls

for engagement, a post remains vacant

Provided that persons of trust shall not be deemed to be

public officers or public employees.

(2)

Persons of trust shall be engaged on a fixed term

engagement contract

Provided that a person engaged in this position shall not

attain indefinite status if employed in excess of the legal limit

stipulated in the Contracts of Service for a fixed term Regulations, on

the basis that the engagement is linked to a particular Minister or

Parliamentary Secretary where the maintenance of a higher level of

trust is necessary by virtue of the nature of the position and where a

high level of trust is objectively an essential element of the

employment relationship.

(3) The number of persons that may be engaged and the

conditions of employment of persons of trust shall be established in

the manual published by Cabinet Office which shall be laid on the

table of the House.

L.N. 411 of

2020; 

XXXIII.2024. 

First Schedule

List of those posts within the public administration that, due to the

nature of their role and responsibilities, are considered to be high risk

positions

[Article 4(4)]

Consideration of applications and decision-making

Building Industry Consultative Council

Skills Cards Officials

Commission for the Rights of Persons with Disability

Assistant Manager Grade 9 (Services team issuing blue badges)

Service Officers Grade 11 (Services team issuing blue badges)

Assistant Service Officers Grade 13 (Services team issuing blue

badges)

Enforcement Officer Grade 11 (Accessibility team)

Identity Malta

Senior Managers responsible for decision-making and

authorisation on applications for visas, Maltese citizenship,

residence and issue of passports and travel documents

Senior Administrative Officer responsible for approval of

passport applications and custody of passport booklet stock

Administrative Officer (Back Office)

Administrative Officer (Front Office)

Jobsplus

Unit Manager (Employment Licences)

Senior Executive Officer (ELU)

Executive Officer (ELU)

Malta Communications Authority

Chief, Spectrum Management and Technology

Senior Manager, Spectrum Planning and Authorisation

Malta Competition and Consumer Affairs Authority

Director, Regulatory Affairs

Senior Manager, Regulatory Affairs

Professional Officer - Scientist

Senior Professional Officer - Scientist

Professional Officer - Engineer

Senior Officer - Technical

Technical Officer - Laboratory

Malta Financial Services Authority

Members of decision-making and other bodies

Malta Individual Investor Programme Agency

Chief Officer, Risk and Compliance

Administrative Officers who deal with applications for

residence and citizenship

Medicines Authority

Director (Licensing Directorate)

Director (Post-Licensing Directorate)

Director (Strategy,

Operations

and

Regulatory

Affairs

Directorate)

Director (Advanced Scientific Initiatives Directorate)

Senior Quality Assessor (Licensing Directorate)

Medical Assessor (Post-Licensing Directorate)

Clinical Assessor (Licensing Directorate)

Assessor, Safety and/or Pharmacokinetics

(Licensing

Directorate/Post-Licensing Directorate)

Quality Assessor (Licensing Directorate)

Junior

Assessor

(Licensing

Directorate/Post-Licensing

Directorate)

Malta Police Force

Superintendent responsible for issuing weapons licences

Superintendent responsible for issuing fireworks licences

Superintendent responsible for issuing private guards services

licences

Malta Tourism Authority

Director, Licensing

Manager, Licensing

Assistant Manager, Licensing

Executive, Licensing

Ministry for Health

Clerical staff at Burials (Environment Health Directorate)

Social Care Standards Authority

Head of Licensing and Legal Office

Manager, Licensing and Legal Office

Manager, Regulation and Standards Office

Assessors

Finance, procurement and resource management

All government organisations

Chief Officers responsible for finance

Financial Controllers

Heads of Procurement

Managers responsible for procurement

Officers and Executives responsible for procurement

EU Fund Managers

Ministries and departments of government

Directors responsible for financial administration

Assistant Directors (Procurement)

Grand Harbour Regeneration Corporation

Manager, Quantity Surveyor

Heritage Malta

Manager

Senior Executive Officer

Executive Officer

Identity Malta

Senior Manager responsible for revenue collection

Administrative Officer responsible for tenders and procurement

Advisor - tenders advice regarding tenders and procurement

Institute of Tourism Studies

Manager, Finance

Assistant Manager, Procurement

Jobsplus

Head of Finance, ICT and Procurement Division

Department Manager (Finance)

Unit Manager (Procurement)

Senior Executive Officers (Procurement)

Executive Officers (Payments)

Malta College of Arts, Science and Technology

Director, Capital Projects

Malta Communications Authority

Senior Manager, Finance, HR and Administration

Malta Competition and Consumer Affairs Authority

Senior Professional Officer - Finance

Administrative Officer - Procurement

Malta Council for Science and Technology

Deputy Director, Finance

Deputy Director - EU Framework Programmes

Executive Officer (Erasmus Funds Project Administrator)

Senior Procurement Manager

PUBLIC ADMINISTRATION

Malta Film Commission

Manager, Finance

Malta Freeport Authority

Executive, Finance

Medicines Authority

(Inspectorate

and

Enforcement

Directorate)

Director

Senior Medicines Inspector

Medicines Inspector

Enforcement Inspector

Junior Inspector

Enforcement Officer

Malta Residency and Visa Agency

Administration Officer collecting payments with applications

for the residency by investment programme

Procurement Administrators

Ministry for Education and Employment

Senior Manager, Finance and Administration (European Union

Programmes Agency)

Quantity Surveyors (Foundation for Tomorrow’s Schools)

Head of Finance (Institute for Education)

Senior Manager, Administration and Finance (Institute for

Education)

Ministry for Finance

Officers in charge of handling revenue and officers authorised

to cancel dues by debtors (Commissioner for Revenue,

Customs Department)

Accountants (Commissioner for Revenue)

All public procurement officials (Contracts Department)

Ministry for Gozo

Officer in Grade 4 (Procurement Unit)

Senior Principal (Procurement Unit)

Principal (Procurement Unit)

Ministry for Health

Head, Revenue Collection (Mater Dei Hospital)

Manager, Revenue Collection (Mater Dei Hospital)

Manager, Contractual Services (Mater Dei Hospital)

Procurement and Administrative Officer (CPSU)

Chief Projects Officer (Foundation for Medical Services)

Procurement Coordinator (Foundation for Medical Services)

Ministry for Justice, Culture and Local Government

Assistant Director, Finance and Administration (Corporate

Services Directorate)

Ministry for Foreign Affairs and Trade Promotion

Officer in charge of EU funds and projects (Office of the

Permanent Secretary)

Ministry for the Environment, Sustainable Development and

Climate Change

Officer i/c Revenue (Finance and Administration Directorate)

PUBLIC ADMINISTRATION

Ministry for the Family, Children’s Rights and Social Solidarity

Senior Procurement Officer (Corporate Services Directorate)

Manager Grade 7, Finance Department (Commission for the

Rights of Persons with Disability)

Manager, EU Project Management (Commission for the Rights

of Persons with Disability)

Officers in charge of awarding benefits and officers authorised

to cancel dues by debtors (Department of Social Security)

Director, Financial Governance and Planning

Assistant Director, Budgeting and

Planning

(Financial

Governance and Planning Directorate)

Assistant Director, Finance (Gozo Overpayments Section)

Senior Principals (Gozo Overpayments Section)

Senior Procurement Officer (Ministerial Procurement Unit)

Senior Manager,

Procurement

(Social

Care

Standards

Authority)

Ministry for Transport, Infrastructure and Capital Projects

Senior Manager, Finance (Office of the Permanent Secretary)

Manager, Compliance (Office of the Permanent Secretary)

Head, Quantity Surveying Unit

Assistant Head, Quantity Surveying Unit

Quantity Surveying Staff (PTO, IPSL, ERL)

Assistant Director, Contracts (Finance and Administration

Directorate)

Procurement Section staff (Finance and Administration

Directorate)

Director, Project Design and Engineering (Works and

Infrastructure Department)

Director,

Manufacturing

and

Services

(Works

and

Infrastructure Department)

University of Malta

Director (Procurement Office)

Senior Administrative Officers (Procurement Office)

Inspections and enforcement

Building Regulation Office

Assistant Director, Enforcement

Enforcement Officers

Third Party Rights Officers

Energy Performance of Buildings Officers

Bureau of Air Accidents Investigation

Chief Investigator

Department for Industrial and Employment Relations

EIRA Inspectors

Department of Probation and Parole

Probation Officers

Housing Authority

Manager, Estate Management Inspectorate

Jobsplus

Senior Executive Officer (Compliance)

PUBLIC ADMINISTRATION

Senior Inspectors

Senior Executive Officer (Monitoring)

Executive Officers (Monitoring)

Lands Authority

Enforcement, Inspectorate and Compliance Director and staff

Technical Officers (Joint Office)

Local Enforcement System Agency

Regional Enforcement Officers

Malta Gaming Authority

Officers (AML, Enforcement, Due Diligence, Investigations,

Compliance, Authorisations, Player Support)

Gaming Inspectors

INDIS Malta Ltd

Inspectors

Malta Competition and Consumer Affairs Authority

Director, Inspectorate and Cartel Investigations

Inspector - Customer Enforcement

Market Surveillance Officer

Officer - Customer Enforcement

Inspector - Market Surveillance

Administrative Officer - Metrology

Senior Quality Manager

Technical Officer - Metrology

Malta Tourism Authority

Director, Compliance and Regulatory

Senior Manager, Compliance and Regulatory

Officer, Compliance

Executive Officer, Regulatory

Ministry for Finance

Director General, Operations (Commissioner for Revenue)

VAT Inspectors

Revenue Officers (Commissioner for Revenue)

Enforcement Officers (Commissioner for Revenue)

Inspectorate Officers (Commissioner for Revenue)

Inspectors of Customs

Ministry for Gozo

Principal (Licensing and Testing)

Assistant Principals (Licensing and Testing)

Principal (Trade)

Assistant Principal (Trade)

Senior Environmental Health Practitioner (Health Inspectorate)

Senior Environmental Health Officers (Health Inspectorate)

Ministry for Health

Licensing Inspector (Health Standards Directorate)

Standards Licensing Officer (Health Standards Directorate)

PUBLIC ADMINISTRATION

All Environmental Health Officers in all grades

Ministry for the Family, Children’s Rights and Social Solidarity

Director, Benefit Compliance

Assistant Director,

Investigations

(Benefit

Compliance

Directorate)

Inspectors (Benefit Compliance Directorate)

Occupational Health and Safety Authority

Health and safety at work officers

Planning Authority

Assistant Director of Compliance and Enforcement

Social Care Standards Authority

Head of Inspectorate Office

Manager (Inspectorate Office)

Transport Malta

Airworthiness Inspectors

Flight Operations Inspectors

Inspecting officers for flight operations, approvals and

licensing, ANS and aerodromes, air transport navigation,

personnel licensing and general aviation

Senior Marine Safety Investigators

Marine Safety Investigators

Junior Marine Safety Investigators

Vessel Traffic Services Supervisor

Flag and Port Inspector

Port Security Compliance Inspector

Senior Port Inspector

Port Inspector

(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 11.

(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 or special administrative arrangement to such a

department shall not depend on its listing in the Schedule.

(1)

The Prime Minister may, by order in the Gazette,

amend the Third Schedule to

(a)

establish specialised units;

(b)

determine their function to be executed within a

defined period;

(c)

determine the position under which the Head of

Unit shall be appointed.

(2) The Head of Unit shall report to his immediate superior

and, or to the Permanent Secretary.

(3) All employees within the specialised units shall be

governed by the public administration values and code of ethics

established by this Act.

(1)

There shall be a Senior Appointments Advisory

Committee, hereinafter referred to as "the Committee", which shall

(a)

consult the relevant Ministry and, or the

Permanent Secretary about the principal structure and duties

attached to, and the results expected from, any headship

position that is vacant or expected to become vacant;

(b)

identify candidates for the position on the basis

of an assessment of eligible candidates’ individual and relative

merits against the requirements of that office, 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 or his delegate being a 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 may call upon the advice and assistance

of Permanent Secretaries in screening or short-listing candidates or at

any other stage but shall otherwise regulate its own procedure.

(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, be

published in the Gazette, and be listed next to the corresponding

name 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 paragraphs (a) or (b), as

the case may be, and the provisions of sub-articles (4) and (5) shall

apply.

(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 the assigned 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, the provisions of 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 by

notice in the Gazette 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,

panel, committee or other similar body, not being a body 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 employee or

the operations of any department, agency, entity or such other similar

body.

Title 2 - Leadership

(1)

The Principal Permanent Secretary shall be

appointed in accordance with article 92 of the Constitution, and shall

also assume the functions of Secretary to the Cabinet

Provided that the Prime Minister may, in terms of article 94 of

the Constitution, appoint another person, not being the Principal

Permanent Secretary, to perform the functions of the Secretary to the

Cabinet.

(2) The function of the Principal Permanent Secretary shall

be to lead the public service.

(3) The Principal Permanent

Secretary

shall

take

instructions from the Prime Minister.

(4) 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.

(5)

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.

(6) 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).

(1)

The Principal Permanent Secretary may issue

directives as variously specified in this Act and may in addition issue

directives on any matter relating to the organisation and management

of the public service.

(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 apply for a definite or an indefinite period and to any or all

ministries, departments, specialised units and public officers,

according to the nature of the provisions contained therein or as

specified by the Principal Permanent Secretary.

(4) The Principal Permanent Secretary may codify standing

directives, 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.

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

Permanent Secretary concerning the issue, amendment or revocation

of any directives.

(1)

There shall be a Committee of Permanent

Secretaries which shall be chaired by the Principal Permanent

Secretary, and which shall consist of 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) The provisions of this article shall apply without

prejudice to the individual 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

Constitution, a Permanent Secretary is charged with the 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

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.

(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 sub-article (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 sub-article (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, the provisions of this article shall apply subject to

the following limitations

(a)

sub-articles (1)(a) and (2) shall not apply; and

(b)

sub-article (5) shall apply only as may be

compatible with paragraph (a).

(7) Without prejudice to the provisions of article 7(2), the

Permanent Secretary shall be deemed to have the powers of head of

department in relation to the Ministry to which the Permanent

Secretary is assigned.

(8) The Permanent Secretary shall have judicial

representation of the Government in judicial acts and actions for any

matter falling within the remit of the Ministry to which he is

assigned.

(1)

In addition to any other duties that may be

assigned or delegated to him by or under any law, it shall be the duty

of a head 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 sub-article (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 sub-article (1) in

accordance with the laws governing his department and any special

administrative arrangements that may apply thereto.

(1)

There shall be a Higher Executive Service within

each Ministry which shall be headed by the Permanent Secretary and

shall consist of

(a)

heads of the departments listed in the Second

Schedule;

(b)

Directors General, Directors and the holders of

equivalent positions which the Permanent Secretary may

indicate within each ministry and those who have been

charged with primary responsibility for any of the following or

similar functions

(i)

the management of corporate services;

(ii) policy development and monitoring of

implementation; and

(iii) information management.

(2) Officers in a ministry who are members of the Higher

Executive Service shall constitute the senior management team of

that ministry, and in relation thereto they shall, without prejudice to

the authority of the Permanent Secretary, 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)

continuously improving 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 Higher Executive Service shall be

individually responsible in relation to his area of responsibility for

the matters listed in sub-article (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.

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.

The Minister responsible for the public administration

may, after consultation with the Prime Minister, by order in the

Gazette establish, abolish or re-title grades and structures within the

public administration.

PART III

Merit Protection Commission, Agencies and Government Entities

Title 1 - The Merit Protection Commission

* (1)

There shall be a Merit Protection Commission,

hereinafter in this Title referred to as "the Commission", which shall

consist of a chairman, a deputy chairman and three other members.

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

the President acting in accordance with the advice of the Prime

Minister given after he has consulted the Leader of the Opposition.

(3) A person shall not be qualified to hold office as a

member of the Commission if he is a Minister, a Parliamentary

Secretary, a member of or a candidate for election to the House, or a

member of a local government authority.

(4) A member of the Commission may be removed by the

President acting in accordance with the advice of the Prime Minister

for inability to discharge the functions of his office or for

misbehaviour.

(5)

The office of a member of the Commission shall become

vacant

(a)

upon the expiration of three years from date of

appointment or such earlier time as may be specified in the

instrument of appointment; or

*Not yet in force.

PUBLIC ADMINISTRATION

(b)

if circumstances arise that would cause a

member to be disqualified for appointment in such an office;

or

(c)

upon the resignation of any member of the

Commission.

* (1)

Subject to the provisions of sub-article (3), the

functions of the Commission shall be

(a)

to audit the appointment of employees of

government agencies, government entities and special units

and to oversee the application of the principle of merit in the

appointment of such employees; and

(b)

to hear and determine complaints as provided for

in this Act and any regulations made thereunder, which shall

specify, inter alia, the term within which a complaint may be

lodged, and the procedure thereof.

(2) In performing its functions in virtue of sub-article (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 principle of merit has been, or is

likely to be, breached; and

(b)

is of the view that such a measure is necessary to

prevent further breaches of the principle of merit 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.

† (1)

For the purposes of its functions under this Act

the Commission may either on its own initiative or upon a complaint

by any person

(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;

*Not yet in force.

†Not yet in force.

(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, specialised

unit or government entity, subject to compliance with any legal

requirements placed by any law on the police for the same

purposes.

(2) The provisions of 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) 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 principle of merit, 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 criminal action or

disciplinary action including action that may lead to dismissal

as it may consider appropriate in the circumstances.

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

decisions taken and directives issued by the Commission under sub-

article (3)(a) and (b) 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.

(5) 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.

* The provisions of this Title, unless otherwise indicated

in this Act, shall only apply to agencies, specialised units and

government entities in terms of the provisions of this Act.

Title 2 - Agencies

(1)

The Prime Minister may establish government

agencies by order in the Gazette under this Act.

*Not yet in force.

(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 the provisions of article 31;

(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

sub-article (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 sub-article (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

order establishing an agency under this Act, the Principal Permanent

Secretary may, in addition to his powers under articles 4, 5 and 30,

issue directives 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;

(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 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 77 of the Financial Administration and Audit Act.

(4) The provisions of article 15(3) to (5) shall apply mutatis

mutandis to the directives issued by the Principal Permanent

Secretary under this article.

(1)

Save as otherwise provided 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

PUBLIC ADMINISTRATION

supervision by a Permanent Secretary, article 17, except for sub-

article (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, within six months

of its establishment, 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 as the Principal Permanent Secretary may issue in

relation to agency performance agreements.

An Agency shall be governed by the provisions of the

Public Finance Management Act

Provided that the Prime Minister may, in consultation with the

Minister responsible for finance, decide to exempt an agency from

the provisions of the Public Finance Management Act

Provided further that if an agency is exempted from the

provisions of the Public Finance Management Act, 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

and shall moreover be subject to scrutiny by the Ministry for

finance and audit by the Internal Audit and Investigations

Directorate and the Auditor General, as the case may be;

(c)

not later than three months 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, whether it has met its

performance obligations, and its plans for the future; and

(d)

this report shall be laid on the Table of 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 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

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

Principal Permanent Secretary may issue directives with the purpose

of resolving any administrative difficulties that may have arisen after

a public officer was detailed.

Title 3 - Government entities, boards and commissions

(1)

A government entity shall be subject to

supervision by the appropriate Permanent Secretary, who shall issue

directions to the entity and, or instruct or advise Government

representatives on the entity’s governing board

Provided that the powers of direction of the Permanent

Secretary over a particular entity shall in no case exceed the powers

of the Minister over that entity.

(2) A Permanent Secretary who is supervising a government

entity in terms of sub-article (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 sub-article (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 and may give directions to the

government entity

Provided that a Permanent Secretary may not give directions

on matters where the government entity 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 shall report to his Minister on

the performance of the government entities under his supervision.

(5) The provisions of article 28 shall apply mutatis mutandis

to government entities.

(1)

The Principal Permanent Secretary may issue

directives to boards and commissions 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 35 shall mutatis mutandis also

apply with respect to boards and commissions.

(3) The directives mentioned in sub-article (1) and the

supervision referred to in sub-article (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.

(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, hereinafter referred to as "the Committee", which

shall consist of seven members appointed by the House 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 Committee 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 Committee.

(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 the 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, 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, 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 Committee referred to in article 37

Provided that

(a)

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

(b)

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 of

reflecting a change in the name of a post or of an entity, shall

require approval by resolution of the House 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 which there shall

be annexed a copy of the minutes of the Committee relative to the

hearing

Provided that

(a)

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;

(b)

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 or to the whole House unless the

Committee by a majority vote of all its members so decides;

and

(c)

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 is not in session or

PUBLIC ADMINISTRATION

during which it is adjourned for more than seven days

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

months.

PART IV

Miscellaneous Provisions

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 organisation, management

and

administration of the public administration;

(b)

the manner in which the accounts and records of

government agencies and government entities are to be kept;

(c)

the sanctions that may be applicable in case of

breaches of the Code of Ethics;

(d)

the procedures to be followed by the Merit

Protection Commission;

(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 make regulations with a

view to resolving any matter;

(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 for 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

Higher

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;

(g)

matters of organization and administration in

relation to specialised units, including the conferment of legal

personality for particular purposes; and

(h)

the amendment of the Schedules to this Act,

unless otherwise specified.

40 * . (1)

The Public Administration Act, hereinafter

referred to as "the repealed Act", is hereby repealed and any

references in any law to the repealed Act shall be construed as

references to this Act.

(2) Any order, rule, regulation, directive, notice or other

instrument having the force of law made under the authority of any of

the provisions of the repealed Act shall continue in force and shall

continue to have effect as if made under this Act and may be

amended, substituted or revoked accordingly.

(3)

Any permission, authority or order granted or made

*Originally numbered as Article 43.

PUBLIC ADMINISTRATION

under any of the provisions of the repealed Act and still in force

immediately before the date of coming into force of this Act shall, as

from such date, continue in force as if it were a permission, authority

or order granted or made under a corresponding provision of this Act,

and any such permission, authority or order as aforesaid shall be

treated and dealt with accordingly.