Local Councils (Twinning) Regulations, 2009

L.N. 144 of 2009

LOCAL COUNCILS ACT

(CAP. 363)

Local Councils (Twinning) Regulations, 2009

IN exercise of the powers conferred by articles 72 and 79 of

the Local Councils Act, the Prime Minister has made the following

regulations:-

The title of these regulations is the Local Councils

(Twinning) Regulations, 2009.

In these regulations, unless the context otherwise

requires:-

“the Act” means the Local Councils Act;

“the Association” means the Local Councils Association

recognised as such in terms of article 37(3) of the Act;

“Budget” means the estimates of income and

expenditure of the Local Council during the coming financial

year as provided in article article 56 (1) of the Act;

“the Council” shall have the same meaning as assigned

to it in the Act;

“the Department” means the Department responsible for

Local Government”;

“Director” shall have the same meaning as assigned to it

in the Act;

“locality” shall have the same meaning as assigned to it

in the Act;

“Malta” means the islands of Malta and Gozo;

“the Minister” means the Minister responsible for Local

Government;

“twinning” means a friendship agreement, co-operation

or association between two communities in different countries

or a friendship agreement, co-operation or association

between Maltese Local Councils, even though this agreement

is not expressly called twinning.

A Local Council may make twinning arrangements with

another Local Council or with another community, local authority

or another Local Council, in another country

Provided that when a Council resolves to twin with a

community, local authority or a Local Council in any other country,

consideration shall be given that as much as possible the country

chosen shall be a member of the European Union, or a candidate

to join the European Union, by which arrangements the Local

Council shall be in a position to benefit from the European Union

Provided further that a Local Council may, under the same

conditions mentioned in regulation 4 hereof, make twinning

arrangements with another Local Council in Malta.

Before initiating a Twinning process, the Council shall

submit a report in writing to the Director. The report shall include:-

(a) the objects and reasons of the proposed twinning;

(b) an estimate of the expenses related to the

proposed twinning which shall include all activities related

to the twinning. This expenditure shall not exceed the amount

mentioned in paragraph (e) hereof.

The estimated expenditure in connection with the twinning

shall be included the budget of the respective Local Council;

(c) the name of the Councillor in charge of the

twinning process;

(d) a declaration by the Executive Secretary that this

report has been discussed and approved by the Council;

(e) Twinning Work Plan specifically connected with

every proposed twinning indicating the results and benefits

expected, and also a financial estimate of the expenses

incurred by the Council in connection the twinning. This

proposed expenditure shall not exceed three thousand five

hundred euro (€3,500) or 0.5% of the financial allocation of

the Council for that financial year, whichever is the higher.

The expenses related to travel abroad and the number of

Councillors who shall attend for the Twinning Ceremony

taking place abroad shall be included in the estimate as

mentioned above.

(1) The Director, after consultations with the Local

Councils Association and the Minister responsible for Foreign

Affairs, shall evaluate the submitted report and give his

recommendations to the Minister. The Minister shall by not later

than ten weeks from when the report is received by the Director,

inform the Council in writing if the proposed twinning is approved

or not and a copy of the report shall also be sent to the Local

Councils Association.

(2) In case that the proposed twinning is refused, the

reason for such refusal shall be given in writing to the Council.

Twinning shall be effected with one or more localities at

the same time and no other application shall be considered before

the present application is either finalized or withdrawn. In the case

that a Local Council has an existing twinning and is now proposing

another twinning, the Council shall, besides what is required in

regulation 4, submit also a plan with regards to the sustainability of

more than one twinning.

(1) Twining Agreement may be signed in one city or in

the two cities. The official ceremony shall be held during a special

activity held by the Council wherein the formal signing by the two

Mayors of the respective localities together forming the Twinning.

(2) The Twinning document may be in the form shown

in the Schedule to these regulations.

The twinning ceremony shall be given the publicity

due and as much as possible the ceremony shall take place in

conjunction with an important event being held in the locality and

in such a way as to make it possible for the maximun number of

residents to attend.

When the Twinning Agreement is signed abroad only the

Mayor the Councillors and the Executive Secretary are entitled to

travel at the expense of the Council and this without prejudice to

what is stipulated in regulation 4 (e).

(1) At the end of the financial year, the Executive

Secretary and the Councillor responsible for Twinning shall prepare

a report to the Local Council. This report shall immediately be sent

to the Department and shall include

(a) the result of each twinning for that year and all the

benefits derived by virtue of this twinning; and

(b) a statement of all the expenditure related to the

agreement.

(2) The report shall also be drawn when in that year

no activities related to twinning are organized, in which case the

report shall also include the reasons for such failure.

A Local Council resolving to make twinning

arrangements or a Local Council who already has Twinning

arrangements shall, at the beginning of the financial year, budget

funds which funds shall not exceed three thousand five hundred

Euro (€3,500) or 0.5% of the financial allocation for that year,

whichever is the higher.

The Council shall proceed with the resolution for the

twinning approval after confirmation by the Executive Secretary

that funds were available for such purpose.

(1) The expenses incurred for the travelling expenses

for the Maltese delegation and also the expenses incurred for

accommodating the foreign delegation shall be kept as low as

possible.

(2) The procedure to be adopted for supply of

services, including the travel tickets, shall be in accordance with

the regulations applicable for the supply of services and goods,

including the necessary quotations. In all cases, however, the travel

tickets shall be Economy or Tourist Class.

(3) (a) Travelling expenses and other related

expenses (including the per diem allowance) shall be in conformity

with the Public Sector Managerial Code and the financial

regulations applicable for the Public Sector.

(b) When accompanying the Mayor and the

Councillor, the Executive Secretary shall also be entitled to an

allowance in Class A

Provided that if the Executive Secretary travels on his

own and if his salary scale is 6 or 7, he shall be entitled to an

allowance in Class B.

(4) For each visit abroad in relation to Twinning, the

Local Council shall only pay for expenses incurred by Councillors

and the Executive Secretary and provided that the expenditure shall

not exceed that indicated in regulation 4 (e) to these regulations.

(5) Contingency funds may be allowed to cover

transport expenses incurred from and to the airport in Malta and

abroad. These funds shall not exceed two hundred and thirty

Euro (€230) for every person and all relevant receipts must be

produced.

(6) On arrival in Malta the Executive Secretary or the

Council member shall draw up a Statement of Expenses showing

the amount of cash given beforehand as subsistence allowance

and contingency and how these were spent, and also, there shall

be attached to this statement all the relevant receipts. Unspent cash

shall be recorded as balance in the statement and shall be refunded

to the Council.

(7) The Council shall pay for a travel insurance to

cover all members and other Council officials travelling abroad in

connection with the twinning abroad.

Twinning Agreement shall be valid if signed by the

Mayors of the two localities at least in one locality of the localities

being twinned.

Schedule

Regulation 7(2)

TWINNING AGREEMENT

WE, the Mayors of the localities of ( ), Malta and

of ( ) democratically elected by the citizens in the

respective localities, and after a resolution by the respective Councils it was agreed

that a Twinning Agreement is reached by the two localities, solemnly approach for

the signing of this agreement.

For this reason we solemnly resolve to honour that we:-

- Together foster and maintain sincere friendship and respect towards the

citizens in our respective localities;

- Share cultural, educational, scientific and research;

- Encourage our citizens to meet and experience different culture thus

promoting and strengthening respect, culture, solidarity between the two localities,

and also in the field of trade and industry.

We pledge to do the utmost of our abilities for the full implementations of

these objectives

This Twinning Agreement is being signed to-day, (date )

in Malta, at the Council Administrative Offices or in (name of the locality abroad)

in the event of (Council’s Day or any other important event linked with the locality)

(name) (name)

Mayor (Local Council) Mayor (Local Council)

€0.56