Armed Forces of Malta (Regular Force) (regularforce)

L.N. 30 of 2008

MALTA ARMED FORCES ACT

(CAP. 220)

Armed Forces of Malta (Regular Force)

(Appointments and Conditions of Service)

(Amendment) Regulations, 2008

IN EXERCISE of the powers conferred by article 4 of the Malta

Armed Forces Act, the President of Malta has made the following

regulations>–

(1) These regulations may be cited as the Armed Forces of

Malta (Regular Force) (Appointments and Conditions of Service)

(Amendment) Regulations, 2008 and they shall be read and construed

as one with the Armed Forces of Malta (Regular Force)(Appointments

and Conditions of Service) Regulations, hereinafter referred to as the

“principal regulations”.

(2) The provisions of regulation 3 of these regulations shall

be deemed to have come into force on 30th October, 2006.

For the Fourth Schedule to the principal regulations there shall

be substituted the following>

“FOURTH SCHEDULE

(Regulation 59)

Statute of the Armed Forces of Malta Staff Association

Name

1. 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 requires.

Objective and Responsibility

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”), on 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, workplace

and barracks facilities, sporting and recreational facilities, medical and hygiene

facilities, leave and educational facilities.

(c)

Health and safety at work (excluding operational aspects).

The terms of reference of the Staff Association exclude the following>

(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)

Any 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) The 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 seventeen spokesman

representatives, consisting of four Officers, four Warrant Officers, five Non-

Commissioned Officers and four Gunners.

Four spokesman representatives, consisting of one Officer, one Warrant

Officer, one Non-Commissioned Officer and one Gunner, shall be elected from each

of 1st Regiment AFM, 3rd Regiment AFM and 4th Regiment AFM. Two spokesman

representatives, consisting of one Officer and one Gunner, shall be elected from

Maritime Squadron and one Warrant Officer and one Non-Commissioned Officer shall

be elected from Air Wing. (1st Regiment AFM, 3rd Regiment AFM, 4th Regiment

AFM Maritime Squadron and Air Wing are hereinafter referred to as “the Unit”). One

Non-Commissioned Officer shall be elected from Headquarters Armed Forces of Malta.

This composition is shown in the Table below>

Spokesman

1 Regiment 3 Regiment 4 Regiment Maritime Air Wing Headquarters

Representative AFM

AFM

AFM

Squadron

Armed Forces

Groups

of

Malta

Officers

One

One

One

One

Warrant

One

One

One

One

Officers

Non-

One

One

One

One

One

Commissioned

Officers

Gunners

One

One

One

One

TOTALS

Four

Four

Four

Two

Two

One

Election to the Staff Association

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.

Each Unit 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 Unit and the Headquarters shall each be

considered as the Returning Officer and the Electoral Officer for the purpose of the

conduct of the vote in their Unit 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 Unit and 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 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 Armed Forces of Malta 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 spokesman representative shall be elected when he or she has the backing

of more than 50% 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 for the 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 shall serve for one term of two years and may

stand to be re-elected 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.

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 Unit which they were elected to represent, or if they leave the Service, or are

otherwise unable satisfactorily to fulfil 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 from the same

Unit 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. If no

alternative spokesman representatives are eligible for nomination, a spokesman

representative from the same Unit 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 Secretary of a new Staff Association

set out in this Statute below.

Appointment of Chairman and Secretary

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 among the Officer spokesman representatives 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. The Chairman and the Secretary shall be elected when he or she

has the backing of more than 50% of the spokesman representatives in a vote which

will be conducted on the same lines as those set out in paragraph 15.

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 Unit shall hold separate, regular monthly meetings in each of the Units 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 Units 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.

The agenda of subjects for discussion to be raised by spokesman

representatives from each of the Units and 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.

Bi-monthly meetings of the Staff Association and monthly meetings of

spokesman representatives in each Unit and the Headquarters shall be permitted within

normal working hours.

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

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

The Chairman of the Staff Association shall institute arrangements to keep

all ranks in the Armed Forces of Malta regularly informed of developments in the 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”.