Civil Protection (Volunteers Corps) Regulations 2003 (volunteerscorps)

L.N. 95 of 2003

CIVIL PROTECTION ACT

(CAP. 411)

Civil Protection (Volunteers Corps) Regulations 2003

IN EXERCISE of the powers conferred by article 7 of the Civil

Protection Act, the Minister for Home Affairs and the Environment has

made the following regulations

(1) The Title of these Regulations is the Civil Protection Citation and

commencement.

(Volunteers Corps) Regulations, 2003.

These regulations shall come into force on 1 st April,

(2)

2003.

[Regulation 3(3)]

Oath of Office of a Member

of the Civil Protection Volunteers Corps

I ............................................................................................................................do

solemnly swear/affirm that I shall faithfully execute according to instructions and

without fear any duties or responsibilities assigned to me by the Director of Civil

Protection, or any other person so delegated by him, as member of the Civil Protection

Volunteer Corps.

So help me God.

Signature of Member

Signature of Witness

Date

In these regulations, unless the context otherwise requires:-

Interpretation.

“Act” means the Civil Protection Act 1999;

“Corps” means the Civil Protection Volunteers Corps referred

to in regulation 3 of these Regulations;

“Council” means the Civil Protection Council established

under article 5 of the Act;

“Department” means the Department of Civil Protection

established by article 3 of the Act;

“Director” means the Director of Civil Protection and

includes, to the extent of the authority given, any other public officer

authorised in that behalf by such Director;

“disciplined force” means a force as referred to in article 47

of the Constitution;

“Minister” means the Minister responsible for Civil Protection

and includes, to the extent of the authority given, any person

authorised on that behalf for any purpose of these regulations;

“non-governmental organisation” means a recognised

organisation of volunteers that has been established for civil

protection purposes and does not have the making of profit as one

of its main objectives which, on an application by it to this effect,

has been recognised by the Director in terms of regulation 4 of

these Regulations;

“Rescue Force” means the Assistance and Rescue Force

referred to in article 8 of the Act;

“volunteer” means any person who, having an active interest

in civil protection matters, is enrolled as a member of the Corps.

(1) There shall be established a Corps within the Assistance

and Rescue Force of the Civil Protection Department to be known as

the Civil Protection Volunteers Corps.

(2) Candidates for enlistment in the Corps shall be selected

by such means and in such a manner as the Minister may from time to

time determine and must –

(a)

be over the age of 18;

(b) be fit for engagement in all the duties incumbent on any

member of the Corps; and

(c) be certified to possess such minimum medical standards

of fitness as the Director may determine.

(3) A volunteer may not be enlisted in the Corps if he is

(a) in the full employment of the Civil Protection

Department;

(b) in the employment of a disciplined force; or

(c) a registered member of a non-governmental organisation.

(4) No person shall be appointed a member of the Corps in

terms of these regulations unless he has taken the Oath of Office set out

in the Schedule to these Regulations. The Oath of Office shall be taken

and signed by all members before the Director or a person duly

empowered to do so by him.

(5) A person who has applied for enlistment may be rejected

by the Director on any of the following grounds:-

(a) that he is unlikely to become a useful and effective

member of the Corps;

(b) that he is considered a misfit or an undesirable influence;

(c)

that he is likely to bring discredit on the Corps;

(d) for any other justified reason in the interest of the service.

(6) A person who has been rejected from enlisting in the

Corps in accordance with subregulation (5) hereof, or where re-

enlistment is refused in virtue of subregulation (7) hereof, may appeal

in writing for a review of the decision before the Council within seven

days of being so notified. A decision by the Council on such appeal

shall be final and conclusive.

(7) Successful candidates shall be enlisted on an initial

engagement period of three years, renewable on the basis of positive

and effective performance for further periods of three years.

Non-governmental Organisations which, in the opinion of the Non-governmental

Director possess the necessary qualifications, may be recognised as Organisations.

auxiliary bodies which, if called upon by him in the event of a disaster

or public emergency, may provide concerted assistance and co-operation;

provided that such recognition of a non-governmental organisation shall

continue only until so desired by the Director and, or the organisation

itself.

(1) The Director shall assign to all members of the Corps Members

Corps.

the duties to be carried out by them.

(2) Where possible such duties shall be set out in detail in

written orders by the Director.

(3) It shall be the duty of every member of the Corps to

conform to such duties and to any other regulations, rules, orders,

directions or guidelines issued by or on behalf of the Director and to

obey all other lawful orders relating to the Corps.

(4) Members of the Corps shall at all times so conduct

themselves and perform their duties as to command the respect of their

colleagues and their superiors and the trust of the community.

(5) For the purpose of maintaining the high standards of

service and conduct of the members of the Corps, the Director may,

with the approval of the Minister, issue codes of discipline and practice

to regulate the members’ general behaviour and their performance while

on duty in order to ensure the continued trust of the public in the Corps.

(1) A volunteer may be disciplined by the Director for Discipline.

disobedience to orders while on duty, or for neglect of any such duty, or

for misconduct by him as an enlisted member of the Corps, or for failing

to attend or failing to successfully conclude training sessions as provided

for in regulation 7 hereof, or for other sufficient cause or reason, the

existence and sufficiency of which are to be judged by the Director.

(2) A volunteer who commits an offence against discipline

under these regulations shall, if found guilty, be subject to one or more

punishments in the following ascending scale

(a)

verbal warning

(b) severe verbal warning

(c) written warning with a statement that any recurrence

would lead to suspension or dismissal, as the case may be

(d) suspension

(e) dismissal.

(3) It shall be the duty of a non-governmental organisation

to discipline its members for disobedience to orders while on call-out

duty, neglect of duty, misconduct or other sufficient cause.

(1) Every volunteer may be supplied at public expense with

a uniform, other clothing and equipment which may be required for the

proper performance of his duties and responsibilities. The nature, quality

and quantity of such articles with respect to each member shall be

decided upon by the Director.

(2) Every volunteer supplied with such clothing, equipment

or other article shall take proper care of them and shall make good for

any loss or damage thereto if it is proved after due investigation that

such loss or damage had been caused wilfully or through carelessness

or negligence on his part.

(3) Any volunteer who ceases membership of the Corps shall

forthwith deliver up to such officer of the Department and at such time

and place as the Director shall direct, all uniforms, other clothing and

equipment which have been supplied to him at public expense and which

he is directed by the Director to return.

(4) Before being issued with such uniform, clothing and

equipment, a volunteer shall be required to sign an understanding that

he will comply with the provisions of regulations (2) and (3) hereof.

(1) Every member of the Corps shall be trained by the

Department for such a period and at such places as may be ordered by

the Director, and may for that purpose be called out once or more often

in every year.

(2) Only volunteers or members who have successfully

completed at least one yearly course of training as provided for in

paragraph (1) hereof shall be certified as competent and eligible to serve

or continue to serve as members of the Corps.

Volunteers shall not be entitled to any remuneration during Remuneration

during training.

training sessions, which may include also on-the-job training.

(1) In the event of a disaster or emergency considered by Call-out notices.

the Director as of such entity and magnitude as to require a call-out for

volunteers, he shall, after consulting and obtaining the approval of the

Minister, issue the necessary public notice to all volunteers to report for

duty as required

Provided that he may also consult with the leaders of non-

governmental organisations as to their issuing a call-out for their

respective members.

(2) The Director may issue directions and guidelines to

volunteers and, in consultation with their respective leaders, to non-

governmental organisations on call-up duty in order to ensure the security

and safety of the public and for maintaining supplies and services

essential to the life of the community. The specific execution of such

directions and guidelines is to remain, in the case of non-governmental

organisations, the sole responsibility of their respective leaders;

(3) It shall be the duty and obligation of every member on

call-up duty to comply with any directions and guidelines issued by the

Director in accordance with paragraph (2) hereof.

Subject to the provisions of regulation 9, members of the Government

Corps will be considered as members of the Civil Protection Department indemnity.

whilst on training or in the execution of civil protection duties, and they

will be considered as such in the event of injuries or death sustained

during training or active duty.

These regulations are not applicable to any person who is Other Experts.

requested by the Director to give expert advice ad hoc or who is a

member of a consultative commission duly appointed in terms of sub

regulation (2) of article 7 of the Act.

(1) The Department shall keep an updated register and, or Register and, or

database of

database of volunteers and non-governmental organisations with the Volunteers.

following main details -

(a) the name and address of the individual volunteer or of

the non-governmental organisation, as the case may be;

(b) in the case of an organisation, its objectives;

(c) the names, addresses, training, experiences,

qualifications, and specialities or expertise of the individual

volunteer;

(d) where applicable, telephone numbers, mobile numbers,

fax numbers, and e-mail addresses of such volunteers;

(e) the equipment belonging to individual volunteers by

kind, ownership, number of units, availability, use, its state of utility

and maintenance, its purpose, its normal place of storage, and any

other pertinent information;

(f) in the case of an organisation, any buildings, storage

places, training facilities belonging to it;

(g) any other information considered to be necessary or of

utility for the purpose of maintaining an efficient and up-to-date

register of all voluntary resources, both human and otherwise, in

Malta.

(2) All information and records under this regulation shall

be of a confidential nature and shall only be accessible to the Minister,

the Director and to any other properly authorised official.

(3) The register and, or database available shall with the

assistance of individual volunteers and non-governmental organisations

involved be periodically reviewed and updated by the Department and

a general revision thereto shall be carried out at least once every three

years.

(4) Any individual volunteer or non-governmental

organisation that persistently fails to provide the information required

of it to enable the Department to keep an updated record of its resources

shall after a reasonable period of written notices by the Department be

deemed, in the case of a volunteer and, in the case of a non-governmental

organisation, to be recognised for the purposes of regulation 4 of these

Regulations, not to be further interested in forming part of or continuing

to form part of the Civil Protection Volunteer Corps .

B