Regional Committees Regulations, 2011

L.N. 320 of 2011

LOCAL COUNCILS ACT

(CAP. 363)

Regional Committees Regulations, 2011

IN exercise of the powers conferred by articles 33(1), 37A(5)

and (8), and 72 of the Local Councils Act, the Prime Minister has

made the following regulations:-

PART I

General

The title of these regulations is the Regional Committees Citation.

Regulations, 2011.

In these regulations, unless the context otherwise requires - Interpretation.

"Act" means the Local Councils Act;

"Association" means the Local Councils Association established

by regulation 3 of the Local Councils (Association) Regulations;

"Chairman" and "Deputy Chairman" mean respectively the

persons occupying the posts of Chairman and Deputy Chairman of

the Regional Committee elected in terms of regulations 4 and 5;

"Code of Ethics" means the Code of Ethics for Maltese Local

Councillors, shown in the Fourth Schedule of the Local Councils S.L. 363.06

(Association) Regulations;

"Committee " means the Regional Committee

"Councillor" includes a Mayor;

"Director" has the same meaning assigned to it in the Act;

"Executive Secretary" means the person occupying the post of

Executive Secretary of the Regional Committee established in terms

of regulation 6;

"financial year" means the period of twelve consecutive months

ending on the thirty first day of December in any year;

"Minister"

means

the

Minister

responsible

for

Local

Government.

PART II

Establishment of the Regional Committees

(1) There shall be five Regional Committees

representing all the Regions established under the provisions of

article 37A(1) of the Act.

(2) The Regional Committee shall be a juridical body having a

distinct legal personality empowered to enter into contracts, of suing

and being sued, and of doing all such things and entering into such

transactions as are incidental or conducive to the exercise and

performance of its functions as are allowed under these regulations

Provided that the Regional Committee shall not have the power

to -

(a)

borrow or lend any monies except with the authority

in writing of the Minister with the concurrence of the Minister

responsible for finance;

(b) enter into any form of commercial partnership,

except with the authority in writing of the Minister with the

concurrence of the Minister responsible for finance.

(3) The Regional Committee shall be responsible to perform

those devolved functions or delegated to it by means of an order of

the Minister made under the relative provisions of the Act.

(1) The Regional Committee shall be presided by a

Regional Chairman elected from amongst all the councillors of that

region in accordance with the Local Councils (Association)

Regulations and shall also serve as a member of the Executive

Committee of the Local Councils Association.

(2) The members of the Regional Committee shall be made up

of a representative appointed by each local council of the localities

forming part of that region in accordance with the provisions of

article 37A(2)(b) of the Act.

(1) The Committee shall during its first meeting elect

from amongst its members a Deputy Chairman.

(2) If the Chairman of the Region is unable to attend a meeting

of the Region or an official activity for which he has been invited, he

shall delegate the Vice Chairman and if he is also unable to attend,

delegate any one of the members of the Regional Committee to

preside over the meeting or to attend the activity in his stead.

(1) The Committee shall, after consulting the Minister, Appointment of

appoint an Executive Secretary from amongst those persons forming Executive

Secretary.

part of the pool referred to in article 49 of the Act

Provided that when the Committee refuses or fails to

appoint an Executive Secretary or a Deputy Executive Secretary, the

Minister shall appoint an Acting Executive Secretary.

(2) The Committee shall nominate a Deputy Executive

Secretary to perform the duties instead of the Executive Secretary

whenever the Executive Secretary cannot for any reason perform his

functions or whenever the office of the Executive Secretary is vacant.

This appointment shall come into force after the Committee has

obtained the approval of the Minister.

If a casual vacancy in the office of the Chairman occurs, Election and

the person occupying the office of Deputy Chairman shall assume the casual

in the office of

office of the Chairman until such time as an election for the office of the Chairman.

Chairman is held according to the Local Councils (Association) S.L. 363.06

Regulations.

Any member of the Committee shall vacate his seat Vacation of seat.

immediately upon terminating his office as Councillor.

(1) The Chairman of the Committee may at any time Resignation of

resign his office by notice in writing signed by him and delivered to Chairman

Committee.

the Executive Secretary and his resignation shall take effect from the

time of the receipt of such notice by the Executive Secretary and his

office shall become vacant immediately.

(2) When a resignation occurs the Executive Secretary shall

immediately inform the Executive Secretary of the Local Councils

Association and the Director.

The Committee members shall attend all meetings of the Attendance of

meetings.

Committee.

The Minister may, by Order in the Gazette acting in Dissolution of

accordance with the advice of the Director, dissolve the Committee the

by the Minister.

upon the occurrenced of any one of the following reasons

(a)

a report from the Auditor General of serious or

persistent breach of financial responsibilities; or

(b) persistent non-observance of the provisions of these

regulations after formal notice has been given by the Minister

after consulting the Director; or

(c)

when the annual estimates are not approved by the

Committee; or

(d) when a recommendation is made to that effect in a

report by a Board of Inquiry appointed for the purposes of the

provisions of these regulations.

(1) Upon the dissolution of the Committee in

accordance with regulation 11, the Electoral Commission shall,

within thirty days, hold an election for a new Chairman of the

Committee in accordance with the provisions of the Local Councils

(Association) Regulations

Provided that no election shall be held where the

remaining term of office of the dissolved Committee is less than three

months.

(2) The Committee shall appoint a Chairman from amongst its

members until a new Chairman is elected.

(3) The newly elected Chairman elected under the provisions

of the Local Councils (Association) Regulations shall hold office for

the remainder of the term applicable to the Committee.

PART III

The Office of Chairman of the Committee

(1) Subject to the other provisions of these regulations,

the Chairman shall be the representative of the Committee and shall

preside over all meetings of the Committee and supervise all the

functions of the Committee.

(2) The Chairman shall be responsible for the furtherance of

the objects and provisions of these regulations.

(1) The legal and judicial representation of the

Committee shall be vested in the Chairman together with the

Executive Secretary and they may sue and be sued on behalf of the

Committee even where the case refers to acts done prior to the

commencement of their term of office or appointment, as the case

may be.

(2) Every correspondence, report, press release or any other

similar document of the Committee shall bear the signature of the

Chairman or of the Executive Secretary.

(3) Every bank document shall be signed by the Chairman or

the Deputy Chairman and the Executive Secretary or the Deputy

Secretary following approval by the Committee in accordance with

the provisions of these regulations and of the Sixth Schedule to the

Act.

The Chairman and Deputy Chairman shall hold office from Term of office.

the day of their election and they shall remain in such office until the

expiration of the term of the Committee or until such other time as the

Chairman or Deputy Chairman shall, for any reason, cease to hold

such office.

When the Chairman cannot, for any reason, perform the Deputy

functions of his office, such functions shall be exercised by the Chairman.

Deputy Chairman.

(1) The Chairman or any Deputy Chairman shall cease Vote of no

to hold their office upon a petition of a vote of no confidence confidence.

delivered by a majority of the votes of the Committee.

(2) The motion proposing a vote of no confidence in the

Chairman or Deputy Chairman which shall be signed by at least one-

third of the members, shall specify the reason for such motion, shall

propose the holding of an election in accordance with the provisions

of the Local Councils (Association) Regulations so as to elect a S.L. 363.06

Chairman, and in the case of the Deputy Chairman nominate another

member to be elected as Deputy Chairman, as the case may be, and

shall be notified to all members as a motion for a vote by means of an

agenda.

(3) The motion shall be discussed after at least five days have

elapsed from its presentation as provided above but not later than ten

days from such date.

(4) When a vote of no confidence as provided by this

regulation is carried, it shall be communicated to the Minister and to

the Director by the Executive Secretary without delay.

(1) The Committee shall pay to the Chairman such Allowance.

allowance as the Committee considers reasonable, so however that

the allowance shall in no case exceed thirty-three per centum of the

honorarium payable from time to time to members of the House of

Representatives.

(2) Subject to subregulation (1), all members shall serve on an

honorary basis but shall be afforded all such assistance by their

employers as is reasonable to allow them to carry out their functions

in Malta and overseas.

PART IV

Functions of the Regional Committee, Procedure and Meetings

(1) Subject to subregulation (2) and to the provisions of

any other law for the time being in force, the functions of each

Committee shall be

(a)

to provide for the proper upkeep and maintenance of

street lighting in accordance with national and international

standards;

(b) the enforcement of laws delegated to the

Committees and the provision of warden services for all

localities for which the Committee is responsible, including

those functions as are necessary so as to prosecute following

enforcement;

(c)

to organise cultural activities that promote the

locality in every possible way;

(d) to protect the natural and urban environment of the

locality and take all necessary measures to ensure the more

efficient use of energy, good waste management and climate

change iniatives;

(e)

to enter into agreements with any public body or

government department for the delegation to the Committee of

any of the functions of that public body or department

Provided that any such delegation shall only come into

effect after the Minister has made the relevant order in the

Gazette;

(f)

to perform any other function which shall be

delegated to it by the Government through the Minister by

means of an order published in the Gazette;

(g) to provide for all such other works, things, matters

and services which are not excluded from a Council’s

competence by any law for the time being in force nor assigned

to any other authority.

(2) Arterial and distributor roads determined by the Structure

Plan, national monuments, national parks or gardens, industrial

estates, ports, airports and other national territories, establishments,

buildings and items listed in the Fourth Schedule to the Act are the

responsibility of the Government, and are totally excluded from the

competence of the Committee except for the enforcement of laws

delegated to them.

(3) (a)

Various other new functions may be vested in the

Committee. Each function shall be devolved when the Central

Government will be convinced that Committees are prepared to take

on such responsibility.

(b) In the case of devolution of new functions, such new

functions may be devolved on to one or more of the Committees to

serve as a test.

(1) The Standing Orders contained in the Sixth Standing Orders

Schedule to the Act as well as the Code of Ethics provided under the and

Ethics.

Fourth Schedule of the Local Councils (Association) Regulations S.L. 363.06

shall apply mutatis mutandis to the procedures which the Committee

shall follow and any reference in the Standing Orders to Mayor,

Deputy Mayor, Councillor and Secretary shall be deemed to refer to

the Chairman, Deputy Chairman, member of the Committee and the

Executive Secretary respectively.

(2) The meetings of the Committee shall be held following a

notice in writing which shall be given at least five days before such

meeting

Provided that a meeting may be held without the need to follow

this procedure if there is unanimous agreement by the members.

(3) Meetings shall be held at least once a month or at any other

shorter intervals as the Chairman may decide. Meetings may also be

called at the request of the least whole number above one-third of the

members in office, and in such a case a notice in writing shall be

issued at least eight days before the meeting.

(4) The meetings of the Committee shall be open to all the

Councillors of the localities forming part of the region.

The Committee shall, if so requested by any Council or Copies of

agendas and

Councillor furnish

statements, etc.

(a)

a copy of the agenda as circulated to members of the

Committee; and

(b) such other statements or particulars and a copy of

such other documents as are necessary to indicate the nature of

any item included in the copy of the agenda so supplied

Provided that the Committee shall, in all cases and free of

charge, furnish a copy of the agenda and minutes to the Director

and the Association; and

(c)

a copy of the minutes so approved by the

Committee.

(1) The Committee may appoint Sub-Committees for

the purpose only of executing its functions better. The Sub-

Committees shall be presided by a Chairman who shall be a member

of the Committee and shall be composed of a number of other persons

as the Committee may deem necessary in the circumstances.

(2) The Chairman of the Committee shall be an ex officio

member of every Sub-Committee.

(3) A Sub-Committee may appoint a Secretary from amongst

its members.

(4) A Sub-Committee shall remain in office until -

(a)

it has finalised the task for which it had been

appointed; or

(b)

it is dissolved by the Committee; or

(c)

the term of office of the Committee expires.

(5) Members of Sub-Committees shall serve on an honorary

basis.

(6) The meetings of Sub-Committees shall be recorded as

minutes of the Committee and shall be kept in the custody of the

Executive Secretary.

(1) The Committee shall once every year convene all

the Councillors in office of the localities forming part of the region

for an annual meeting, to be chaired by the Chairman or his delegate.

The Committee shall invite the Minister, the Director and the

Chairman and Members of the Executive Committee of the

Association to attend.

(2) The Committee may convene other meetings or plenary

sessions as it may deem necessary or whenever requested in writing

to do so by half the persons eligible to attend such meetings or

plenary sessions.

PART V

Officers and Employees

The Executive Secretary shall act on a full-time basis.

Executive

Secretary.

Subject to the provisions of article 110(6) of the Other

Constitution, the Committee may appoint such other employees as the employees.

Committee may deem necessary for the efficient discharge of the

functions of the Committee so however that the Committee may not

employ without the approval of the Director.

(1) The Executive Secretary shall be the executive, Functions of the

Executive

administrative and financial head of the Committee.

Secretary.

(2) Without prejudice to any provisions of these regulations,

the Executive Secretary shall

(a)

issue all notices and prepare the agenda in

consultation with the Chairman and attend all meetings;

(b) draw up the minutes of meetings of the Committee,

and if no Secretary is appointed for a Sub-Committee in

accordance with regulation 22(3), draw up also the minutes of

that Sub-Committee;

(c)

submit a detailed annual administrative report to the

Chairman;

(d) cause to be submitted to the Committee and to the

Director estimates of the income and expenditure of the

Committee during the next following financial year;

(e)

carry out any other duties that may be detailed or

delegated to him by the Chairman or by the Committee.

(1) The Executive Secretary shall receive a Remuneration.

remuneration equivalent to the remuneration payable to Local

Council Secretaries having five councillors as prescribed in the Local S.L. 363.20

Councils (Human Resources) Regulations.

(2) Without prejudice to the provisions of these regulations,

the provisions of articles 53 and 54 of the Act shall, whenever

applicable, apply mutatis mutandis to the Executive Secretary.

(3) The provisions of regulations 14(2), (4), and (5), 15(3), 18,

19, 22 and 24, and 26 to 32 of the Local Councils (Human Resources) S.L. 363.20

Regulations shall apply in regard to the other employees of the

Committee.

The provisions of regulations 24 and 27 to 32 of the Local

Councils (Human Resources) Regulations shall apply to the

Executive Secretary.

PART VI

Finance

(1) The Committee shall receive the funds generated

from the local enforcement system.

(2) Each year the Minister responsible for finance may

allocate funds to the Committee which shall serve for the exercise of

its functions.

(3) Any monies declared to be a surplus in any financial year

shall not be set off against the sum allocated to the Committee for the

next financial year.

The Committee may, after consulting the Director, and

with the unanimous approval of the members present for the

Committee meeting discussing the motion, raise funds by means of a

scheme providing for the collection of contributions by Local

Councils, designed to provide additional funds to those allocated to it

by the Government

Provided that all funds collected in this manner shall be used

only in carrying out the functions of the Committee.

(1) At the end of each financial year a detailed

administrative report shall be prepared by the Executive Secretary.

Such report shall -

(a)

give an account to the Committee of the

Committee’s finances during the previous year;

(b) review the operating and financial results achieved

against the Committee’s stated objectives, plans and budget; and

(c)

include audited financial statements of the

Committee for the year that ended and the Committee’s retained

funds as at the year end.

(2) The annual administrative report shall be forwarded to the

Auditor General by not later than the thirty-first of March of each

year.

(3) The detailed annual administrative report shall be prepared

in the form specified in the Local Councils (Procedures) Regulations. S.L. 363.12

(4) Within two weeks from the approval of the Committee and

by not later than the thirty-first of March of each year the Executive

Secretary shall forward a copy of the audited financial statements and

a copy of the budget to the Minister, the Director and to every

Council within the Region.

(1) The Auditor General shall appoint an auditor or Audit of the

auditors to audit the accounts of the Committee subject to such accounts.

conditions that he may deem appropriate. The appointment shall be

for a period of one year, renewable each year, for a total period of not

more than five consecutive years.

(2) The auditors of the Committe shall submit their report by

not later than twelve weeks after the end of the financial year to the

Auditor General who shall immediately forward copies of the report

to the Minister, the Minister responsible for finance, the Committee

and the Director. A copy of this report shall be laid on the Table of the

House by the Minister in the same manner as provided in paragraph 7

of the First Schedule of the Auditor General and National Audit Cap. 396.

Office Act.

(1) Without prejudice to the provisions of subregulation Applicability of

(2), the Local Councils (Financial) Regulations, the Local Councils certain

regulations.

(Audit) Regulations, and the Local Councils (Tendering) Regulations S.L.

shall apply mutatis mutandis for the Committee, and any reference, if S.L. 363.03

applicable, in those regulations to Council, Mayor or Secretary shall

be deemed to refer to the Committee, Chairman and Executive

Secretary of the Committee respectively.

(2) In those cases where the provisions of the regulations

mentioned in subregulation (1) are at variance with the provisions of

these regulations, the provisions of these regulations shall prevail.

PART VII

Miscellaneous

Members of the Council shall, during the course of their Observance of

duties, be required to observe the Code of Ethics Maltese Local Code of Ethics.

Councillors reproduced in the Fourth Schedule of the Local Councils S.L. 363.06

(Association) Regulations.

The Committee shall have its regional administrative Regional

offices in a place approved by the Minister and which is accessible administrative

offices.

for all persons, including those making use of a wheelchair.

The Regional Committee shall have its coat of arms, as

well as the insigna and the lapel badge of the Region which shall be

worn by the Chairman. The coat-of-arms, insigna and lapel badge

shall be that specified by an Order published in the Gazette by the

Minister after consulting the Committee.

€1.08