MT
130 tal-1998 - Regolamenti tal-1998 li jemendaw ir-Regolamenti dwar in-Nomini u l-Kondizzjonijiet tas-Servizz tal-Forza Regolari tal-Forzi Armati ta' Malta
Table of Provisions (33)
Statutory Text (33 Articles)
L.N. 130 of 1998
MALTA ARMED FORCES ACT
(cLP.220)
Armed Forces of Malta (Regular Force) (Appointments and
Conditions of Service) (Amendment) Regulations, 1998
lN exercise of the powers conferred by section 4 of the Malta
Armed Forces Act, and all other powers enabling him, the President of
Malta has made the following regulations:-
These regulations may be cited as the Armed Forces of Malta
(Regular Force) (Appointments and Conditions of Service)
(Amendment) Regulations, 1998, and shall be read and consffued as
one with the Armed Forces of Malta (Regular Force) (Appointments
and Conditions of Service) Regulations, 1970, hereinafter referred to
as "the principal regulations".
Immediately after regulation 50 of the principal regulations there
shall be added the following new regulation:-
;T'3tj[P*' 5l . There shall be established a Staff Association for
itffi the Armed Forces of Malta, to be known as the Armed
Forces Forces of Malta Staff Association, which shall be governed
3l#""
by the rules and procedures in the Statute set out in the
Association. Fourth Schedule to these regulations.".
Immediately after the Third Schedule to the principal
regulations there shall be added the following
B il15
..FOURTH SCHEDULE
(Regulation 5 I )
Statute of the Armed Forces of Malta Staff Association
Name
l.
There is hereby established a Staff Association to be known by the
name of the Armed Forces of Malta Staff Association, hereinafter called "the
Staff Association".
2. Any word or term in this Statute shall have the same meaning as is
assigned to it in the Armed Forces of Malta Act, unless the context otherwise
req uires.
Objective and Responsibility
3. The objective of the Staff Association is to enable all members of the
Armed Forces of Malta to express their views to Government, through their
representatives (hereinafter called the "Spokesman Representatives"), or
defined aspects concerning their pay and conditions of service set out in this
Statute.
The Staff Association will represent all ranks in the Armed Forces of
Malta.
The responsibility of the Staff Association is to work, in cooperation
with the Government, on behalf of the interests of all members of the Armed
Forces of Malta, in ameliorating the pay and conditions of service of all ranks,
with a view to enhancing the efficiency, effectiveness and morale of the Force.
Terms of Reference
The terms of reference of the Staff Association are limited to the
following areas
(a) Consultation on all areas of pay, pensions and allowances not
pertaining to individual cases.
(b) Other specific conditions of service affecting welfare, daily
administrative routine and training matters, military accommodation, work-
place and barracks facilities, sporting and recreational facilities, medical and
hygiene facilities, leave and educational facilities.
(c) Health and safety at work (excluding operational aspects).
il16
. The terms of reference of the Staff Association exclude the followins
(a) Any matter which affects the internal or external security of Malta.
(b) Any proceedings in respect of military offences being considered
under the Armed Forces of Malta Act.
(c) Any areas which would tend to undermine the daily exercise of
military discipline, or the military training, or operational effectiveness of the
Armed Forces of Malta.
(d) All individual promotion and posting issues.
(e) Anv matters of a political nature.
(f) Any individual cases which are the subject of military discipline or
which fall at the time within the ambit of consideration by the President, any
established Tribunal or Commission for the investigation of Armed Forces of
Malta matters. the Ombudsman or the Commander of the Armed Forces of
Malta under existing rights of redress.
(g) Any negotiating rights with Government over pay. pensions or
allowances.
(h) 'fhe raising of fees or subscriptions.
(i) The use of strikes to achieve its demands or its affiliation to any
civilian Unions or other Maltese Staff Associations.
Composition of the Staff Association
The Staff Association shall be composed of fifteen Spokesman
Representatives, consisting of four Officers, three Warrant Officers, three Non-
Commissioned Officers and five Gunners.
. Five Spokesman Representatives, consisting of one Officer, one Warrant
Officer, one Non-Commissioned Officer and two Gunners, shall be elected from
l"Regiment AFM. Four Spokesman Representatives, consisting of one Officer,
one Warrant Officer, one Non-Commissioned Officer and one Gunner, shall be
elected from each of 2"d Regiment AFM and 3'd Regiment AFM (l'' Regiment
AFM,2"d Regiment AFM, and 3'd Regiment AFM are hereinafter referred to as
"the Regiment"). Two Spokesman Representatives, consisting of one Officer and
one Gunner, shall be elected from Headquafters. Armed Forces of Malta (hereinafter
referred to as "the Headquarters"). This composition is shown in the Table below
B ntl
I Regiment
2 Regiment
3 Regiment
Headquarters
Spokesman
AFM
AFM
AFM
Armed
Reprepresentative
Groups
Forces
of Malta
Officers
One
One
One
One
Warrant
Officers
One
One
One
Non-
Commissioned
Officers
One
One
One
Gunners
Two
One
One
One
TOTALS
Two
Five
Four
Four
Election to the Staff Association
Hames Rappre2entanti Kelliema, maghmula minn Ufficjal wiehed,
Warrant Officer wiehed, Ufficjal Bla Kummissjoni wiehed u 2ewg Gunners,
ghandhom jigu eletti mill-l Regiment FAM. Erba' Rappre2entanti Kelliema,
maghmula minn Ufficjal wiehed, Warrant Officer wiehed, Ufficjal Bla
Kummissjoni wiehed u Gunner wiehed, ghandhom jigu eletti minn kull wiehed
mit-2 Regiment FAM u mit-3 Regiment FAM. (lRegiment FAM, 2 Regiment
FAM, u 3 Re$iment FAM qeghdin hawnhekk i2jed 'il quddiem jissejhu "ir-
Regiment"). Zew! Rappre2entanti Kelliema, maghmula minn Ufficjal wiehed u
Gitnner wiehed, ghandhom jigu eletti mill-Kwartieri Generali tal-Forzi Armati ta'
Malta (hawnhekk i2jed 'il quddiem imsejha "il-Kwartieri Generali"). Din l-ghamla
qeghda tintwera fit-Tabella li gejja
B lll0
I Regiment
Kwartieri
Gruppi
2 Regiment
3 Regiment
ta'Rap-
FAM
FAM
FAM
Generali,
Forzi Armati
pre2entanti
ta'Malta
kelliema
Ufficjali
Wiehed
Wiehed
Wiehed
Wiehed
Warrant
Officers
Wiehed
Wiehed
Wiehed
Ufficjali Bla
Kummissjoni
Wiehed
Wiehed
Wiehed
Wiehed
Gunners
Tnejn
Wiehed
Wiehed
TOTALI
Erbgha
Erbgha
Tnejn
Hamsa
Elezzjoni f\ - S taff As s o c iatio n
All ranks in the Armed Forces of Malta shall have the right to elect
Spokesman Representatives and to be elected as Spokesman Representatives to
the Staff Association.
I l.
Each Regiment and the Headquarters shall elect Spokesman
Representatives to the Staff Association every two years on the basis of free votes
cast by members of the Armed Forces of Malta serving in the relevant four groups
of ranks set out in paragraph 9 of this Statute. Each of the Spokesman
Representatives in the four groups of ranks will be elected by votes cast by their
peers in the four ranks.
The Commanding Officer of each Regiment and the Camp Commandant
in Headquarters shall each be considered as the Returning Officer and the Electoral
Officer for the purpose of the conduct of the vote in their Regiment or in the
Headquarters. The Commander, Armed Forces of Malta shall be the authority to
issue the writ for elections and to determine the place or places where elections are
to be held.
The Commanding Officer of each Regiment and the Camp Commandant
in the Headquarters shall invite nominees to stand for election from each of the
four different groups of ranks set out in paragraph 9 of this Statute. They shall
B il18
publish lists of candidates to become Spokesman Representatives fourteen days
before voting day. The list shall be published in alphabetical order set out by the
groups of ranks in paragraph 9 of this Statute.
All ranks of the Arrned Forces of N4alta shall have the right to one vote,
which may be cast by them for the candidate of their choice in their own appropriate
rank. Voting shall be held by secret ballot.
A Spokesnran Representative shall be elected when he or she has the
backing of more than 50Va of those eligible to vote. If the necessary majority is not
achieved in the first ballot, then the two candidates who received most votes in the
first ballot may stand forthe second poll. The candidate who receives most votes
in the second ballot is deemed to be elected. If the votes are equal, an additional
poll shall follow.
Spokesman Representatives slrall serve for one term of two years and
may stand to be re-elccted to serve in the Staff Association for one further term of
two years. Spokesman Representatives shall be obliged to stand down at the end of
their second term.
17 . Spokesman Representatives shall be ineligible to serve on the Staff
Association if , as a result of promotion, they cease to represent the rank in paragraph
9 which they were elected to the Staff Association to represent, or if they cease to
serve in the Regiment which they were elected to represent, or if they leave the
Service, or are otherwise unable satisfactorily to fulfill the duties as Spokesman
Representative which they have been elected to perform.
If a Spokesman Representative is obliged to terminate his tenure before
completion of the two year term of office. the Spokesman Representative frorn the
same Regiment or the Headquarters who is the next eligible in the last ballot for
election from the same group of ranks in paragraph 9 as the former Spokesman
Representative, will be nominated to replace him or her within three months of the
termination of tenure.lf no alternatil'e Spokesman Representatives are eligible for
nomination, a Spokesman Representative from the same Regiment or Headquarters
selected from the same group of ranks in paragraph 9 as himself or herself shall be
elected on the basis of the election procedures set out in this Statute.
The Spokesman Representatives elected to the Staff Association shall
remain in office until the election of the Chairman and Secretari' of a new Staff
Association set out in this Statute below.
Appointment of Chairman and Secretary
10. The Staff Association shall appoint a Chairman and a Secretary from
amongst those who have been elected to serve in the Staff Association. The
Chairman will be elected from amon-s the Officer Spokesman Repres;entatives
B ll19
and the Secretary from among the Warrant Officer, or Non-Commissioned
Officer, or Gunner Spokesman Representatives.
The Chairman and the Secretary shall be elected to their posts by a free
vote in a secret ballot among all the Spokesman Representatives who have been
elected to the Staff Association.
Method of Operation
The first meeting of the Staff Association shall be convened by the
Commander, Armed Forces of Malta within one month of the election of Spokesman
Representatives to the Staff Association for the purpose of electing the Chairman
and Secretary as set out in this Statute.
Following election of the Staff Association, Spokesman Representatives
from each Regiment and the Headquarters shall hold separate, regular monthly
meetings in each of the Regiments and the Headquarters which they represent to
raise points for subsequent discussion within the Staff Association.
The Staff Association shall meet within two months of the date of the
meeting convened to elect the Chairman and the Secretary, and bi-monthly
thereafter.
A quorum of the Staff Association shall consist of half the number of
Spokesman Representatives, plus one. If, after allowing a period of half an hour
for a quorum, none is formed, the Chairman shall call a new meeting within seven
days.
The Staff Association shall discuss subjects raised by Spokesman
Representatives from the Regiments and the Headquarters, and take them forward
as they may so decide. The Chairman will be guided by the views of the majority
in deciding the course of action to be adopted.
27 . The agenda of subjects for discussion to be raised by Spokesman
Representatives from each of the Regiments ad the Headquarters shall be published
by the Chairman and communicated to all the other Spokesman Representatives in
the Staff Association at least five days before each bi-monthly meeting.
. Records of meetings shall be kept by the Secretary. These must be signed
by the Chairman.
Is-segretarju ghandu j2omm il-minuti tal-laqghat. Dawn ghandhom jigu
ffirmati mii-C hairman.
Bi-monthly meetings of the Staff Association and monthly meetings of
Spokesman Representatives in each Regiment and the Headquarters shall be
permitted within normal working hours.
B ll20
Access to the Commander, Armed Forces of Malta
The Chairman of the Staff Association and one Spokesman
Representative selected from each of the four groups of ranks in the Staff
Association shall have regular direct access to the Commander, Armed Forces of
Malta.
Access to the Minister
3l . The Chairman of the Staff Association and one Spokesman
Representative selected from each of the four groups of ranks in the Staff
Association shall have regular, direct access to the Minister every six months on
dates to be mutually agreed between the Chairman and the Office of the Minister.
Regular Reports to all Ranks
li-Chairman ta' l-Staff Association u RappreLentant Kelliem wiehed
magh2ul minn kull wiehed mill-erba' gruppi tar-ranks f|-Staff Association ghandu
jkollhom accessibilitd diretta regolari ghal ghand il-Ministru ta' kull sitt xhur f'dawk
id-dati li jkun hemm qbil reciproku dwarhom bejn it-Chairman u l-Ufficcju tal-
Ministru.
Rapport Regolari lir-Ranks kollha
The Chairman of the Staff Association shall institute arrangements to
kcep all ranks in the Armed Forces of Malta regularly informed of developments
;;i ihe Staff Association.
It shall be permitted for Staff Association notices to be displayed on
official notice boards in barrack accommodation of the Armed Forces of Malta.
Subscriptions
No subscription shall be raised for, or on behalf of, the Staff Association.
Office and Emblem
The Staff Association shall meet at a suitable office, conference room
or lecture hall on the premises of the Armed Forces of Malta' as the Chairman may
decide.
The Staff Association may device an emblem which may include the
badge of the Armed Forces of Malta, as the Chairman may decide with the approval
of the majority of Spokesman Representatives'
Foreign Membership or Contacts
The Staff Association may maintain such contacts with internationally
recognised foreign, military Staff Associations, as the Chairman may decide with
the approval of the majority of Spokesman Representatives."'