205 tal-2009 - Regolamenti tal-2009 dwar l-Aġenzija għal Ħarsien ta’ Persuni li jkunu qed ifittxu l-Asil

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L.N. 205 of 2009

IMMIGRATION ACT

(CAP. 217)

Agency for the Welfare of Asylum Seekers Regulations, 2009

BY VIRTUE of the powers conferred by article 34(4) of the

Immigration Act (Cap. 217), the Minister responsible for immigration

has made the following regulations:-

The title of these regulations is the Agency for the Welfare Citation.

of Asylum Seekers Regulations, 2009.

In these regulations, unless the context otherwise requires

Interpretation.

"financial year" means the financial year of the Agency which

shall commence on the 1st January and shall end on the 31st

December of each year

Provided that the first financial year shall commence upon

the coming into force of these regulations and shall end on the 31st

December of the following year;

"Minister" means the Minister responsible for immigration.

(1) There shall be an agency known as the Agency for Establishment

the Welfare of Asylum Seekers (AWAS), hereinafter referred to as of Agency.

"the Agency".

(2) The Agency shall be a body corporate having a distinct

legal personality and shall be capable of entering into contracts, of

employing personnel, of acquiring, holding and disposing of any kind

of property for the purpose of its operations and of suing and of being

sued and to which any function or operation of Government may be

assigned under this or any other law

Provided that, and without prejudice to the provisions of

article 39 of the Public Administration Act, the Minister responsible Cap. 497.

for the Agency shall be entitled to give directions in writing, and the

Agency and its head shall be bound to observe such directives.

(3) The legal and judicial representation of the Agency shall

lie with the Chief Executive Officer or his representative.

(4) The Agency and its employees shall uphold and promote

the public service values and those specific to the role of the Agency.

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(1) The Agency shall enter into an agency performance

agreement with the Permanent Secretary responsible thereof, or,

where a Permanent Secretary is not appointed, with the Minister, and

such agreement shall set out the tasks to be addressed by the Agency,

the targets it is expected to meet, and the funds available to it.

(2) The agency performance agreement may cover one or

more years and shall be renewable in accordance with such directives

and guidelines as the Principal Permanent Secretary may issue

governing the development of agency performance agreements.

(1) There shall be a Chief Executive Officer who shall

have the overall responsibility for the running of the Agency and have

legal representation thereof.

(2) The Chief Executive Officer shall be appointed directly by

the Minister from among public officers or from among persons who

in each case, in the opinion of the Minister, have knowledge and

experience in matters relating to asylum and asylum seekers, and

whose office will be renewable for periods of three years

Provided that the Minster may appoint an advisory board

of not less than two and not more than four members to assist the

Chief Executive Officer in the discharge of his duties.

(3) In the discharge of his duties the Chief Executive Officer

shall

(a)

maintain the highest standards of the profession in

this field;

(b) be responsible for the implementation of all

legislation relating to the welfare of the Agency’s clients;

(c)

draw up business plans according to current norms

and procedures to provide for the physical, human and

technological resources necessary for the Agency to carry out

its function;

(d) draw up an Agency performance agreement setting

out the tasks to be addressed;

(e)

draw up annual activity reports and audited financial

statements;

(f)

ensure that the Agency upholds the highest public

code of ethics;

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(g) advise the Minister in matters falling under the

competence of the Agency; and

(h) undertake other duties that may be assigned to him

from time to time by the Minister or his representative.

(4) (a)

The Chief Executive Officer or any member of the

Board may resign from his/her office by letter addressed to the

Minister.

(b) The Chief Executive Officer or any member of the

Board may be removed from office by the Minister on the grounds of

gross negligence, incompetence, or acts of omission or misconduct.

(1) The function of the Agency shall be the Functions of the

implementation of national legislation and policy concerning the Agency.

welfare of refugees, persons enjoying international protection and

asylum seekers.

(2) In the performance of its functions, the Agency shall

(a)

oversee the daily management of accommodation

facilities either directly or through subcontracting agreements;

(b) provide particular services to categories of persons

identified as vulnerable according to current policies;

(c)

provide information programmes to its clients in the

areas of employment, housing, education, health and welfare

services offered under national schemes;

(d) act as facilitator with all public entities responsible

for providing services to ensure that national obligations to

refugees and asylum seekers are accessible;

(e)

promote the Government’s policy and schemes

regarding resettlement and assisted voluntary returns;

(f)

maintain data and draw up reports that are

considered relevant for its own function and to provide statistics

to appropriate policy-making bodies;

(g) advice the Minister on new developments in its field

of operation and propose policy or legislation required to

improve the service given and fulfil any legal obligations in

respect of its service users;

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(h) encourage networking with local voluntary

organisations so as to increase the service standards as well as

academic research;

(i)

work with other public stakeholders and, where

possible, offer its services to asylum seekers accommodated in

other reception centres not under its direct responsibility; and

(j)

implement such other duties as may be assigned to it

by the Minister or his representative.

(1) The Agency shall draw up yearly estimates for each

financial year and submit them for the consideration of the Minister

in accordance with norms and practices established by the Minister

responsible for finance.

(2) The Agency shall be paid by Government out of the

Consolidated Fund such sums as the House may from time to time

authorise to be appropriated to meet the cost of its operational and

capital expenditure identified in its financial business plan.

(3) In the conduct of its affairs the Agency may levy fees for

services related to the on-going upkeep and maintenance of the

centres under its responsibility.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister may, after consultation with the

Minister responsible for finance, from time to time give, be applied

by the Agency to the formation of reserve funds to be used for the

purposes of the Agency; and without prejudice to the generality of the

powers given to the Minister by this sub-regulation, any directive

given by the Minister as aforesaid may order the transfer to the

Government, or the application in such manner as may be specified in

the directive, of any part of the fees, rates and other payments levied

in accordance with sub-regulation (3) or any such excess as aforesaid.

(5) Any funds of the Agency not immediately required to meet

expenditure may be invested in such manner as may from time to time

be approved by the Minister.

(1) The Agency shall keep proper accounts and other

records in respect of its operations and shall cause to be prepared a

statement of accounts in respect to each financial year.

(2) Such accounts shall be audited by an auditor or auditors

appointed for this purpose by the Agency with the concurrence of the

Minister responsible for finance and the Minister

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Provided that the Minister responsible for finance may,

after consultation with the Minister, require moreover that the books

and accounts of the Agency be audited or examined by the Auditor

General who shall for this purpose have the power to carry out such

physical checking and any other certifications as he may deem

necessary.

Without prejudice to any directions communicated by the Contracts and

Minister under regulation 3(2), the Agency shall not, except with the supplies.

approval of the Minister granted for special reasons and after

consultation with the Minister responsible for finance, award or enter

into any contract for the supply of goods or material or for the

execution of works, or for the rendering of services, to or for the

benefit of the Agency, which is estimated by the Agency to exceed

seven thousand and five hundred euro (€7,500) or such other amount

as the Minister responsible for finance may by regulations prescribe,

except after notice of the intention of the Agency to enter into the

contract has been published and competitive tenders have been issued

in accordance with the Financial Administration and Audit Act as far Cap. 174.

as these apply to government agencies.

(1) The Agency shall, not later than six weeks after the Annual reports.

end of each financial year, make and transmit to the Minister a report

dealing generally with the activities of the Agency during that

financial year and containing an audited statement of accounts

together with such information relating to the proceedings and

workings of the Agency to fulfil its function and future plans.

(2) The report mentioned in sub-regulation (1) shall be laid on

the Table of the House by the Minister not later than six weeks after

its receipt or, where the House is not in session, not later than the

second week after the House resumes its sittings.

(1) Without prejudice to the other provisions of these Staff

regulations, the appointment of officers and other employees of the appointments.

Agency shall be made by the Agency. The terms and conditions of

employment shall be established by the Agency with the concurrence

of the Minister.

(2) The Agency shall appoint and employ, at such

remuneration and upon such terms and conditions as it may in

accordance with sub-regulation (1) determine, such officers and

employees of the Agency as may from time to time be necessary for

the due and efficient discharge of the function of the Agency in

compliance with established government procedures

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Provided that all employees having an employment

contract with the Organisation for the Integration and Welfare of

Asylum Seekers (OIWAS) on the date of the coming into force of

these regulations will be taken over by the Agency in terms of article

38 of the Employment and Industrial Relations Act and become

employees of the Agency.

(1) The Prime Minister may, at the request of the

Agency, from time to time direct that any public officer shall be

detailed for duty with the Agency in such capacity and with effect

from such date as may be specified in the direction.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein shall, unless the officer retires

from the public service, or otherwise ceases to hold office at an earlier

date, or unless a different date is specified in such direction, cease to

have effect after one year from the effective date of such direction

unless the direction is revoked earlier by the Prime Minister.

(1) Subject to the provisions of article 44 of the Public

Administration Act, where any officer is detailed for duty with the

Agency under any of the provisions of article 11, such officer shall,

during the time in which such direction has effect in relation to him,

be under the administrative authority and control of the Agency, but

he shall for all other intents and purposes remain and be considered

and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid -

(a)

shall not, during the time in respect of which he is so

detailed -

(i) be precluded from applying for a transfer to a

department of the Government in accordance with the

terms and conditions of service attached to the

appointment under the Government held by him at a date

on which he is so detailed for duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than those which

are attached to the appointment under the Government held

by him at the date aforesaid or which would have become

attached to such appointment, during the said period, had

such officer not been detailed for duty with the Agency;

and

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(b) shall be entitled to have his service with the Agency

considered as service with the Government for the purposes of

any pension, gratuity, or benefit under the Pensions Ordinance Cap. 93.

and under the Widows’ and Orphans’ Pensions Act and of any Cap. 58.

other right or privilege to which he would be entitled, and shall

be liable to any liability to which he would be liable, but for the

fact of his being detailed for duty with the said Agency.

(3) Where an application is made as provided in sub-

regulation (2)(a)(i), the same consideration shall be given thereto as if

the applicant had not been detailed for service with the Agency.

(4) The Agency shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for finance in respect of the cost of pensions and

gratuities earned by an officer detailed for duty with the Agency as

aforesaid during the period in which he is so detailed.

(1)

(a) The property and undertakings owned by the Transfer of

Government and used by it, immediately before the date of the assets.

coming into force of these regulations, and used by it for the

operation of any of the functions which by these regulations are being

transferred to or vested in the Agency shall, on the aforesaid date, by

virtue of these regulations and without further assurance, be

transferred to and be vested in the Agency under the same title by

which they were held by the Government immediately before the said

date. The provisions of this sub-regulation shall not apply to

immovable property.

(b) The immovable assets from time to time

specified in an order made by the President of Malta and published in

the Gazette (hereinafter referred to as "the immovable assets") being

immovable assets which, immediately before the coming into force of

these regulations, where owned by the Government and used by it for

the operation of any of the functions which by these regulations are

being transferred to or vested in the Agency shall, with effect from

such day as may be specified in any such order, and by virtue of these

regulations and without any further assurance, be transferred to and

vested in the Agency under the same title by which they were held by

the Government before such day.

(2) The aforesaid transfer and vesting of assets shall extend to

the whole of such property and undertakings and, without prejudice to

the generality of the aforesaid, shall include all plant, equipment,

apparata, instruments, vehicles, craft, buildings, structures,

installations, land, roads, works, stocks and other property, movable

or immovable, assets, powers, rights and privileges and all things

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necessary or ancillary thereto which are held or enjoyed in connection

therewith or appertaining thereto, as well as all obligations affecting

or relating to any of the aforesaid property or undertakings or other

thing included therein as aforesaid.

(1) When anything has been commenced by or under

the authority of the Government prior to the date of the coming into

force of these regulations, and such thing relates to any of the

properties or undertakings or any right or liability transferred to the

Agency by or under these regulations, such thing may be carried on

and completed by or as authorised by the Agency.

(2) Where, immediately before the coming into force of these

regulations, any legal proceedings are pending to which the

Government is or is entitled to be a party, and such proceedings are

related to any of the properties or undertakings, or any right or

liability transferred by or under these regulations, the Agency shall,

as from the aforesaid date, be substituted in such proceedings for the

Government, or shall be made a party thereto in like manner as the

Government could have become, and such proceedings shall not abate

by reason of the substitution.

(3) The Minister may by order make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Agency by these regulations and securing and

giving full effect to the transfer of any property or undertaking or any

right or liability to the Agency by these regulations and make such

orders as may be necessary to make any powers and duties

exercisable by the Government in relation to any of the transferred

property or undertakings exercisable by or on behalf of the Agency.

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