Local Governance Board Regulations, 2010

L.N. 63 of 2010

LOCAL COUNCILS ACT

(CAP. 363)

Local Governance Board Regulations, 2010

IN exercise of the powers conferred by article 72 of the Local

Councils Act, hereinunder referred to as the “Act”, the Prime

Minister has made the following regulations:-

The title of these regulations is the Local Governance

Board Regulations, 2010.

Regulation 4(4)

Form of oath to be taken by the members and the Secretary on the

Board of Local Governance

I ................................................. nominated to serve as member/Secretary on

the Local Governance Board swear/affirm that, for as long as I am member/secretary

to that Board, shall faithfully, fully, impartially and to the best of my abilities, carry

out my duty and perform my office by the powers vested in me through the said

nomination.

So help me God.

…………………………………

………………………………

(name and surname) (date)

€0.47

In these regulations, unless the context otherwise

requires:-

“the Act” means the Local Councils Act;

“the Board” means the Local Governance Board

established by means of these regulations;

“the Department” means the Department for Local

Government;

“the Director” means the Director for Local

Government;

“Elected representative” includes any Mayor, Deputy

Mayor, Councillor or any elected representative in any

Regional Committee or Administrative Committee;

“Executive Secretary” includes the Secretary to any

Regional Committee, Local Council or Administrative

Committee;

“Local Government” means any Regional Committee,

Local Council or Administrative Committee;

“maladministration” includes decisions taken by

any elected representative or any official of any Regional

Committee, Local Council or Administrative Committee

that are taken after an unreasonable time without any

justification, non consistent procedures adopted under

similar circumstances, the provision of wrong information or

documentation, or decisions that are not according to law or

statutory procedures, any action the implementation of which

causes undue inconvenience or any abuse of discretion;

“the Minister” means the Minister responsible for Local

Government;

“official” includes any official of any Regional

Committee, Local Council or Administrative Committee.

There shall be established a Board to be called the

Local Governance Board having its constitution and functions as

established by these regulations.

(1) The Board, which shall be established by the Constitution.

Minister, shall be constituted a representative of the Minister

who shall be the Chairperson and two other members, with the

possibility of appointing up to two substitute members.

(2) No person shall be appointed on the Board if he Conflict of interest.

holds office in the Department, the Local Councils Association, the

Association of Maltese Local Council Executive Secretaries, any

Regional Committee, Local Council or Administrative Committee,

in order to avoid any real or potential conflict of interest.

(3)

The Board’s Secretary shall be an officer in the

public sector.

(4) The members and Board Secretary shall, on

appointment, prescribe to the oath of office before a Commissioner

for Justice, in the form prescribed in the Schedule to these

regulations.

The Board shall have the functions to investigate and

decide on any issue referred to it regarding:-

(a) any alleged abuse or bad decision or

maladministration committed by any elected representative,

Executive Secretary, or any other official, which offence is

not one of a criminal nature;

(b) any alleged breach of the Code of Ethics for

Elected Representatives in force at the time of the alleged

breach;

(c) any complaint by any member of the public against

any Elected Represenative, Executive Secretary or any official

with respect to any maladministration;

(d) any complaint from any public official or public or

private entity against any Elected Representative, Executive

Secretary or any official of any maladministration;

(e) any complaint from a member of the public, public

official or any public or private entity against any decision

of a local government on any decision which he deems to

constitute any irregularity, injustice or abuse not being of a

criminal nature.

Any person or entity that lodges a complaint shall address

such complaint to the Chairperson, Board of Local Governance.

(1) In executing its functions, the Board may adopt

such procedure that it deems fit.

(2) The Board Secretary shall write down the

decisions taken by the Board members and make a summary of

the discussion without the need to identify the members and their

opinions. The decision shall be taken by a simple majority.

(3) Any member of the Board, may, if he does not

agree with the final decision of the Board, submit to the Board a

Minority Report wherein he gives his reasons for not agreeing with

the final decision of the Board.

(4) In carrying out its investigation, the Board shall

have the power to -

(a) convene persons to appear before it and give

information on oath in any place, day and time as it may

determine;

(b) cause any person having any document relevant to

the investigation to present that document;

(c) inspect in any manner and in any place which it

may determine, and keep extracts from any books, accounts

or documents in a printed or any other manner.

(1) The decision of the Board together with the

recommendation on the action to be taken shall be communicated

to the Director.

(2) The Director may also request a clarification from

the Board before any action is taken.

B