159 tal-1993

1 •. N. I~ 01 199)

LOCAL CO UNC u.s ACT. l"J

(ACT NO. XV OF I"))

Local Couodl5 (Com,w.l:fo) . . . . . . . . ' 99J

IN CJ<ercise of the powen conferred by ordr:r 39 of the Standing

Orders contained in tbe Sixlh So:bedule 10 !be Local Couno:ib Act. 199],

and by section 12 oltbe said Aa , !be Prime Minister has made. lhe

following regulations

PART I

GCfltfal ProviJiofU

I. These regulalioTl$ ma ~ be cited as the Local Councils

(Complaints) Regulations, 199].

In these regulations. unless the context otherwise requir6 -

"Act ~ means the Local Cou ncils Act , 199];

"complaint" means an~ conce rn , IIOCII$ltion, cnllasm,

grievance, charge 01 protest 01 any other negative information

Iddressed 10 or recei ved by the Council or an y Council emplo~ee

whet her di rectl~ or indirectly,

"urgent complaint " means a complaint whidJ by its natu re is

considered as urgent and includes a complaint which -

(i) aJleges a major breach of national or local laws; or

(ii) indicates a serious safety risk ; or

(iii) indicates that a substan tial liabili ty may be incurred

b~ Ihe Council; or

('v) is so deemed by the Secretary.

AJI complainlS shaU be treated and reviewed in acco rdance Gceonol

].

willl these regulations and an y pl"<l'cedures wllich may be issued by the ::r"'!oM

Minister , and shall be cl assified under the following tllree catcgories;- OIl

(i) Category One complaints referring 10 gcner.1 Local

Cooncil mallers U defined in the Act and ineludi ng

unlawful activities, actions Or 'litl,latiOl\J as dacribed

(I)

in wbsc<1ion (I) of section 13, 5ubKaion (1) of section 16,

paragraphs (a) and (b) of section 22 and SCClion 71 of the Act;

(b) any OIller unlawful activities of the Council,

Councillors. Secretary or any other em ployee;

(c)

unsatisfactory

or incorrect execution of Ihe

fundions . administration. or any otlter business of the

Council, Councillors , Secretary or an y other employee,

excludi ng Category Two complainu;

(d) intentional disregard by tile Council 10 the

contravention of a bye-law;

(c) Council activities which n:sull in consequential

damages 10 a complainant excluding CalclIOry Two

romplainls

(f) negative aspects or activities related 10 the police,

traffic, environment, health, edl,l(:lltjon, consumer protection.

and any activities which arc likely 10 create a nuisance.

(ii) Category Twn complaints referring to Ihe following

specific Counci l funaions

Cl) defective or unsatisfactory semces Or work.s

executed by Or for the Council;

(b) defective materials or supplies provided byorto the

Council;

(e) CoUllcil funetions ~ferred to in sub-paragraphs (a)

and (b) of this paragraph which re~uh in consequential

damages to a complainan t.

(iii) Category Three complaints ~rerring to third party

malle rs and including ;

(a) dangerous, unsafe , unhealthy, unsightly or

damaging structu res. items or activitiel within tile locality;

(b) unlawful. unsafe or undesirable

commercial,

building or (X)I1$truction activities.

PART JI

HiUldling 0/ camp/l1inlS

(I) On reo;civing a complaint the Secrelllry sh all e nsu~ that it

is recorded together with all the original details and that it is thoroughly

investigated and dealt with until it is closed.

(2) Complainl5 shall be classi fied by category, type and

degree of importance or urgency according 10 these regulations and 10

any procedures which may be i55ued by the Minister. The Council may

moreover adopt internal procedures not inconsistent with the said

regulations or procedures.

c

S. The Council may deal wi th Category Thl"« oomplainu on

-.

,,,,",,,,,,10

bebalf of the oompLainant

~­

Provided that

<a) the sub)ect of wdI complaint does not rau within the

competence of a Government department or agelle)';

(b) the Cwneil or the Seaetary deemslhe l ubied of such a

complaint of imponanoe to the Iocalily.

II-Kunsi ll jista' jillralla I-ilme nli lat-Tie let Kategorija ris.em

min jasJlmel l-ilmen l

Itda

(a) is-suiiett ta' daIr. I-ilment ma jturu: jaqa ' tallt il-

tompetenuo ta' dipatlimcnt jew agenrija tal·Gvem;

(b) il-Kunsill jew is-Segrelarju jqis li .-IUUell ta' dak 1-

ilment ikun ta' mponanza gl\al-Iokalil~ .

( I) The Secretary shall respond to or address a:lmplainlS of c

an urgent nature within twenty·rour hours oflheir rtttip:.

(Z) The Secretary shall immediately inform the Counci l of

any complai nt of an urgent nalUU and of any aaion taken .

( I) The SecreUlry shall present to the Cwncil 11 repon listing

all new complaints reoeived prior 10 each Council m«ting.

(Z) The report re ferred to in subsection ( I) of this Retion

shall include reo:ommendationl and su pporting informa tion for the

Council's consideration on how 10 act on the new complaints reoeived.

(1) The Secretary shall at eloeh Council meeti n8 report lothe

Cou ncil on the curren t status of all complaints,

(Z) The Slatus report referred to in paragraph (1) of this

regu lation shall include

(a) an analysis of complaints by category. type and degree of

importanoe;

(b) Ihe average time taken by the Council in closi ng

complaints in Ihe current financial year;

(c)

Ihe age of all pending complaints;

(d) lhe identification of complaints wh iCh are related by their

nature or which indicate thal a particular problem. l55ue or

sit uation has aggravated or improved ;

(e)

monthl y trends in Ihe rea:ipt of complaints .

(I) The Counci l shall discu55 th e reports presenled bY .lhe

Se<:retary under regulations 6 and 7 of these regul ations and shall decide

on the neoessary action 10 be taken or the response to be given.

(Z) The Seaetary shall ensure that such Council deci sions

are implemented as early as possible.

A oomplaint shall be considered closed when

(I)

(., it is dismissed al frivolous, veutious or trivial by Ihe

Cou nCil ;

(0) the Council finds the complaint \0 be unreasonable,

unsubstantiated. unfounded or unjustir>ed;

(c) the Council has resolved the ~u.e, C(lncem , poinl or

mallU o(dle complaint by providi ng ;nfonnation 10 the satisfaction

o f the complainant ;

(d) the complainant withd raws the complaint and the

Council is satisfied thllthe complaint should be closed ;

(c) the Council, or any other body or organi5ation \0 wborn

the complaint was referred, has $ua:essfully addressed the matter

of the OO\TIplaint \0 the satisfaction o(tbe complainant

(I) the Council 1111$ indemnified or compensated the

complainant following a claim for damages;

(11) the Council has initiated legal proceedinp in the ease of

tile contravention of national1aws or locality bye-laws;

(h) Ihe Council bas, by any other means. ulisfied the

complainant.

(2) If the subjed of a complain t issub judice or under police

investigation or has been referred 10 the Permanent Commission

Against Corruption. the complaint shall be put sin~ di~ awaiting the

outcome of the judgement or the investigation.

11 . (I) SUbjtct to the provision of rtgulatiOll 5 of these

regulations. the Secretary shall answer in writing any complaint within

thirty days of lIS re<:eipt .

(2) The I n5_r referred 10 in subsection (1) of this regulation

u.aU include information, details of any invcsti gation or action taken or

to be talr.en and shall Slate wbether or not the Council consideR the

complaint clO$Cd aceording to regulation 10 of these regulations .

(3) The: Secretary shall inform complainant when the

rompl ainl is closed.

(4) The $eqetary$hall continue to update each complaina lll

in writing every thi rty daY' until the complain t is clO$Cd accnrding to

regulation 10 of Ihese regulations.