HOLDERS OF PUBLIC OFFICE AND PUBLIC ENTITIES (RESPONSIBILITY) ACT (responsibility)

(RESPONSIBILITY)

CHAPTER 652

HOLDERS OF PUBLIC OFFICE AND PUBLIC

ENTITIES (RESPONSIBILITY) ACT

AN ACT to regulate civil judicial proceedings involving persons

holding public office and to establish the conditions under which the State

and public entities assume responsibility of a civil nature and recover civil

damages from persons who incur responsibility of a civil nature by reason of

actions taken in the exercise of public functions.

1st August, 2025

ACT XXVI of 2025.

(1)

The short title of this Act is the Holders of Public

Office and Public Entities (Responsibility) Act.

(2)

The scope of this Act is to establish the conditions under

which the State and public entities assume responsibility of a civil

nature, act as guarantor in proceedings involving precautionary acts,

and make good in lieu of the person held liable in respect of judgments

against persons who incur responsibility of a civil nature by reason of

acts done in the exercise of public functions.

In this Act, unless the context otherwise requires

"act done in the exercise of a public function" means any

act done, or purported to be done by a person within the State

administration in the exercise of such person’s function, and

includes any omission;

"civil responsibility" includes any finding of

responsibility and any order for the payment of damages by a

court or a tribunal established by law, including any order for

the payment of compensation by a court of constitutional or

conventional jurisdiction under Chapter IV of the Constitution

of Malta and, or under the European Convention Act;

"judicial proceedings" means proceedings before a court

or tribunal in which a claim or an order for payment is made on

the basis of civil responsibility;

"public administration" shall have the same meaning

assigned to it in article 2 of the Public Administration Act;

"State administration" means any individual employed or

otherwise lawfully exercising a public function as part of the

executive operations of the Government, of the public

administration and of holders of offices established or in respect

of which provision is made in the Constitution;

(RESPONSIBILITY)

"State Advocate" means the State Advocate as

established in the State Advocate Act.

(1)

In any judicial proceedings instituted against a

person within the State administration with respect to an act done in

the exercise of a public function, the State shall assume responsibility

of a civil nature and the payment of moneys including any damages or

compensation which the Courts may, by final and definitive judgment,

order to be paid by reason of an act done in the exercise of a public

function by the person within the State administration.

(2)

Any request to initiate civil judicial proceedings for the

payment of moneys including any damages or compensation, as

provided in this Act, shall together with the service on the person

within the State administration who carried out the act in the exercise

of a public function be served also, without the registrar charging any

fees, on

(a)

in the case of an entity within the State

administration, the head of the entity or to a person within such

entity having the judicial representation of such entity, as well

as the State Advocate; or

(b)

where by reason of the nature of the office of the

respondent there is no entity as referred to in paragraph (a), to

the State Advocate; or

(c)

in the case of a Department within the State

administration, the relevant Permanent Secretary as well as the

State Advocate

Provided that every time limit for the filing of a

reply to any such act by a person within the State administration

being a defendant or a respondent in judicial proceedings shall

not commence to run before the act is served as required under

this sub-article.

(3)

The entity on behalf of, or within which the act in the

exercise of a public function has been carried out and the State

Advocate, shall have the right to intervene in statu et terminis in any

proceedings related to the said act and to file a sworn reply and any

other judicial act that may be presented by the parties to the case.

(4)

(a)

The State shall act as guarantor for any sum which

the Courts may order to be secured by means of civil acts of a

precautionary nature pending a final and definitive Court judgment as

provided in sub-article (1). Once the State provides such guarantee, the

warrants or precautionary acts issued against the respondent shall be

immediately revoked, and a counter-warrant and the relative decree of

revocation and cancellation shall be issued in respect thereof.

(RESPONSIBILITY)

(b)

After a final and definitive judgment as referred to in sub-

article (1) has been delivered, the State shall indemnify the person

condemned to effect payment in accordance with that judgment from the

effects of any executive act or warrant issued against such person by

virtue of the said final and definitive judgment. Once the State either

deposits in court the amount due following such final and definitive

judgment or deposits an unconditional guarantee to the effect that it shall

pay the amount due by virtue of the said judgment, any executive

warrant or act shall be revoked immediately and the counter-warrant and

the relative decree of revocation and cancellation shall be issued in

respect thereof.

(5)

The State shall only be obliged to pay the payment of

moneys including damages or compensation arising from civil

responsibility under this Act insofar as the person within the State

administration who has been sued has not acted with criminal

malicious intent as established by a Court of Criminal Jurisdiction or

with culpable gross negligence.

(6)

In the case where the State has already paid the payment of

moneys including damages or compensation, it shall have a right to

recover from such person within the State administration the damages

or compensation paid on the basis of this article if eventually a Court

by means of a final and definitive judgment establishes that such

person had acted either with criminal malicious intent as established

by a Court of Criminal Jurisdiction, or with culpable gross negligence,

in the performance of the act which gave rise to the payment of any

amounts as provided in this Act. When in a case to which this Act

applies, the court in a final and definitive judgment finds that the

behaviour of the defendant constituted behaviour done with culpable

gross negligence or that such behaviour is one to which this Act does not

apply, such judgment shall, notwithstanding that the State may not be a

party to the case or that it is only an intervener in statu et terminis

therein, constitute a res judicata and an executive title in favour of the

State on the basis of which the State may proceed directly to recover any

moneys paid by it and which it has a right to recover from the defendant

in accordance with this Act.

(7)

This Act shall not preclude the initiation or continuation of

criminal or disciplinary proceedings independently of the civil action

provided for in this article, without prejudice to the guarantees granted

under this Act.

(8)

In the case of conflict between this Act and any other law,

except for the Constitution, the provisions of this Act shall prevail.

The provisions of this Act shall apply from the date of entry

into force of this Act to pending judicial proceedings in which a person

within the State administration is the respondent. However the

(RESPONSIBILITY)

applicant or the respondent shall affect service in accordance with

article 3(2) within a period not exceeding thirty (30) days from the date

of entry into force of this Act

Provided that in respect of cases which on the date of coming

into force of this Act shall have been adjourned for judgment, no service

in accordance with article 3(2) shall be required if any person as

mentioned in paragraphs (a), (b) or (c) of article 3(2) who would have to

be served in accordance with the said article is already a party or

intervener to the case, provided that if no such person is a party to the

case, it shall be sufficient that the State Advocate is informed of the case

by means of a judicial letter which shall be filed before judgment is

delivered and in any case, not later than thirty (30) days from the date of

coming into force of this Act.