Administration Regulations, 2011

L.N. 315 of 2011

PUBLIC ADMINISTRATION ACT

(CAP. 497)

Nationality Requirements for Appointments in Public

Administration Regulations, 2011

IN EXERCISE of the powers conferred by article 49 of

the Public Administration Act, the Prime Minister has made the

following regulations:-

The title of these regulations is the Nationality Citation.

Requirements for Appointments in Public Administration

Regulations, 2011.

In these regulations, unless the context otherwise

requires

“acts adopted by the European Union” has the meaning

assigned by article 2 of the European Union Act;

“employment licence” means a licence as defined in

regulation 2 of the Immigration Regulations, 2004;

“European Union” has the meaning assigned by article 2

of the European Union Act;

“Maltese national” means any person who holds Maltese

citizenship in accordance with the provisions of the Maltese

Citizenship Act;

“provisions on the free movement of workers” means

the provisions of Chapter 1 of Title IV of the Treaty on the

Functioning of the European Union, and includes any other

acts adopted by the European Union which affect the freedom

of movement of workers;

“reserved post” means a post which has been reserved

for Maltese nationals in accordance with regulation 5 hereof.

(1) Subject to sub-regulation (2) of this regulation and Nationality

to regulation 5, no person shall be appointed to a public office appointments in the

unless that person is —

(a) a Maltese national; or

(b) a national of another Member State of the European

Union who is entitled to equal treatment to Maltese nationals

in matters of employment by virtue of the provisions on the

free movement of workers; or

(c) a national of any other country who is entitled to

equal treatment to Maltese nationals in matters related to

employment by virtue of the application to that country of the

provisions on the free movement of workers; or

(d) any other person who is entitled to equal treatment

to Maltese nationals in matters related to employment in terms

of the law or the provisions on free movement of workers on

account of his family relationship with a person mentioned in

paragraph (a), (b) or (c); or

(e) a third country national who has been granted

long-term resident status in Malta under regulation 4 of the

Status of Long-Term Residents (Third Country Nationals)

Regulations, 2006 or who has been granted a residence permit

under regulation 18(3) thereof, together with family members

of such a third country national who have been granted a

residence permit under the Family Reunification Regulations,

2007

Provided that the appointment of any person to whom

paragraphs (b), (c), (d) or (e) apply shall be subject to the

issue of an employment licence, in so far as such a licence is

lawfully required for that person to work in Malta.

(2) Where suitable candidates for a public office

cannot be found, the Principal Permanent Secretary may, after

informing the Public Service Commission, waive the requirements

set out in sub-regulation (1).

(3) The Principal Permanent Secretary may, in writing,

delegate his authority under sub-regulation (2) to other public

officers, subject to the requirement to inform the Public Service

Commission and to any other requirements which the Principal

Permanent Secretary may impose.

(4) This regulation shall apply without prejudice to

any language requirements which may from time to time be set for

appointments to particular public offices when such requirements

are proportionate and reasonably necessary for the proper

fulfilment of the tasks involved.

(1) Subject to regulation 5, no government agency Nationality

or government entity shall set any nationality requirements for appointments in

appointments therewith except with the authorisation of the agencies and other

Principal Permanent Secretary.

(2) Sub-regulation (1) shall apply without prejudice to

any other law including the Immigration Act and any regulations

made thereunder, and to any language requirements which may

from time to time be set for appointments to particular posts in any

government agency or government entity.

(1) The Principal Permanent Secretary may issue Reservation of certain

directives and guidelines in terms of the Public Administration posts

Act to ministries, departments, agencies, government entities and

boards or commissions, to reserve for Maltese nationals any posts

involving the exercise of public authority and the safeguarding

of the general interests of the State, including any or all of the

following

(a) posts in the Office of the President, the House

of Representatives, the Prime Minister’s and Ministers’

secretariats, the Cabinet Office, and the offices of the

Principal Permanent Secretary and any Permanent Secretary;

(b) posts involving the preparation of expert advice in

the field of prosecution of offences or lawmaking, and posts

entailing responsibility for advisory constitutional bodies;

(c) posts involving the sovereignty of the State,

including diplomatic and foreign representation;

(d) posts in the Office of the Prime Minister and the

Ministries of Finance, Justice, Home Affairs and Foreign

Affairs;

(e) posts within departments charged with the

protection of the economic interests of the State, including

tax authorities;

(f) positions in the Senior Executive Service;

(g) posts in the disciplined forces and offices

responsible for defence matters; and

(h) posts in the security services and in the field of

civil protection and defence.

(2) The directives and guidelines issued by the

Principal Permanent Secretary in accordance with this regulation

may establish procedures to ensure that, following the coming

into force of these regulations, he is alerted to vacancies in posts

to which sub-regulation (1) applies with a view to determining

whether or not each such post should be reserved for Maltese

nationals.

(3) Where Maltese nationals suitably qualified

for appointment to a reserved post are not found, or where the

Principal Permanent Secretary believes that they are not likely to

be found, the Principal Permanent Secretary may authorise the

appointment of a non-Maltese national through such procedures as

may be applicable and under such terms and conditions as he may

prescribe.

€0.36