Society Committee) Regulations, 2012

L.N. 206 of 2012

MALTA COUNCIL FOR ECONOMIC AND SOCIAL

DEVELOPMENT ACT

(CAP. 431)

Malta Council for Economic and Social Development Act (Civil

Society Committee) Regulations, 2012

IN exercise of the powers conferred by article 15 of the Malta

Council for Economic and Social Development Act, the Prime

Minister has made the following regulations:-

The title of these regulations is the Malta Council for Citation.

Economic and Social Development Act (Civil Society Committee)

Regulations, 2012.

In these regulations, unless the context otherwise Interpretation.

requires –

"Act" means the Malta Council for Economic and Social Cap. 431

Development Act;

"Commissioner" means the Commissioner for Voluntary

Organisations appointed under the Voluntary Organisations Act;

"Committee" means the Civil Society Committee established in

terms of the Act;

"Council" means the Malta Council for Economic and Social

Development established under the Act;

"disability" means a long-term physical, mental, intellectual or

sensory impairment which in interaction with various barriers may

hinder one’s full and effective participation in society on an equal

basis with others;

"enrolled" means enrolment with the Commissioner for

Voluntary Organisations under the Voluntary Organisations Act Cap. 492

which has been in effect for more than one year prior to any call for

nominations as stated in regulation 5;

"Local Councils Association" means the Local Councils

Association recognised under article 37(3) of the Local Councils Act; Cap. 363

"register" means the register maintained by the Chairperson of

the Council under regulation 4.

(1)

The Committee established in terms of article 6 of

the Act shall be composed of up to twelve (12) persons nominated or

elected by the organisations representing those sectors identified in

sub-regulation (2).

(2) The organisations which shall be eligible to nominate or

elect one person to represent them on the Committee shall be from the

following sectors of activity within civil society

(a)

consumer affairs;

(b)

health, elderly and pensioners;

(c)

gender equality;

(d)

professions;

(e)

youth and students;

(f)

sports;

(g)

agriculture, rural and fisheries,

(h)

environmental protection and improvement,

including the protection of animals, culture, arts and national

heritage;

(i)

persons with disability;

(j)

education, social and community advancement;

(k)

local councils; and

(l)

other voluntary organisations which are enrolled

which are not represented and which do not participate in any of

the above sectors of activity within civil society.

(1)

A voluntary organisation which is enrolled may

indicate its interest in participating in the nomination and election of

representatives to the Committee at any time by means of a notice in

writing to the Chairperson of the Council.

(2) The organisation shall provide full details of its name, the

full address of its registered office and the address where it receives

mail and its VO identification number and shall specify the primary

sector of activity within civil society under which it wishes to be

classified in accordance with regulation 3(2).

(3) The Chairperson of the Council shall acknowledge the

same in writing.

(4) The Chairperson of the Council shall verify with the

Commissioner that an organisation is enrolled and eligible for the

purposes of these regulations.

(5) The Chairperson of the Council shall keep a register of

eligible organisations for the purposes of these regulations. The

register shall be organised by the sector of activity within civil society

indicated in the notice submitted by the relevant organisation under

this regulation.

(6) The register shall be available to the public on the web-site

of the Council.

(7) If a voluntary organisation is in doubt as to which primary

sector of activity within civil society it belongs, such voluntary

organisation may apply for a ruling from the Chairperson of the

Council regarding such issue. The Chairperson of the Council shall

determine this issue after consulting the Commissioner. In case of

reasonable doubt as to which sector the voluntary organisation

belongs, such organisation shall be included under regulation 3(2)(l).

(8) The provisions of this regulation shall not apply to the

Local Councils Association.

(1)

The Chairperson of the Council and the Executive Nominations.

Secretary of the Council shall, by notice in writing, sent individually

or by publication in two newspapers, one being in the Maltese

language and the other in the English language, invite

(a)

each organisation forming part of the sector of

activity within civil society as listed in the register; and

(b)

the Local Councils Association;

to nominate in writing persons to represent such sector on the

Committee.

(2) Where the sector nominates only two persons, one as

representative and one as substitute, which persons must be

designated accordingly, then such persons shall be accepted by the

Chairperson of the Council to be validly nominated to such positions.

(3) Where the sector nominates more than two persons, the

Chairperson of the Council and the Executive Secretary of the

Council shall organise an election and the person who receives the

highest number of valid votes cast within that sector shall be the

representative and the person who receives the second highest

number of valid votes cast within that sector shall be the substitute.

The same shall apply when the sector nominates only two persons but

there is no agreement within such sector as to who shall fulfil the role

of representative and who shall fulfil the role of substitute.

(4) Each sector shall be entitled to elect one representative and

one substitute.

(5) In the case of a resignation or retirement by any

representative, the substitute shall fill the post of the representative

who resigned or retired for the period of office remaining for that

representative, and the sector shall nominate a person to fill the post

of substitute, or if an election had originally been held, the person

with the next highest number of valid votes cast within that sector

shall be the substitute also for such period.

(6) In the case of a resignation or retirement by any substitute,

the sector shall nominate a person to fill the post of substitute, or if an

election had originally been held, the person with the next highest

number of valid votes cast within that sector shall be the substitute for

the period of office remaining for that substitute.

(7) In the case of the sector representing organisations

involved with persons with disability, it may directly nominate its

representative and substitute as stated in sub-regulation (2); however

should an election need to be held, notwithstanding sub-regulation

(3), candidates who have a disability shall be appointed, on the basis

of the number of valid votes cast within that sector, in preference to

other persons who do not have a disability even if receiving more

votes.

(8) In the absence of two persons with a disability elected to

act as representative and substitute, then the persons receiving the

highest number of valid votes cast within that sector shall be elected

to such positions in accordance with this regulation.

(9) In the case of resignation or retirement of any

representative or substitute the preference stated above shall apply

mutatis mutandis.

(10) In the case of the Local Councils Association, the

Association shall directly nominate one person to represent local

councils on the Committee and one substitute.

(1)

The persons nominated or elected to represent each

sector under these regulations shall be appointed as the members of

the Committee by the Prime Minister, upon receiving the advice in

accordance with article 6(2) of the Act, by means of a Notice issued

by the Prime Minister and published in the Gazette listing the said

members of the Committee, identifying both representatives and

substitutes.

(2) Appointments shall be made for a period of two years

which shall commence on the date of the Notice.

(1)

The Chairperson of the Committee shall be elected Chairperson of

by the members of the Committee from among themselves by simple the Committee.

majority, for a period of two years. The election shall take place at the

first meeting of the Committee.

(2) The Chairperson of the Committee may request any one of

the persons nominated or elected as representatives or, in their

absence, their substitutes to

(a)

act as his substitute on the Council and attend

meetings instead of him when he is unable to do so, in which

case, such person shall have the right to vote instead of the

Chairperson of the Committee on issues being discussed in the

Council; or

(b)

assist him in meetings of the Council, in which

case, such person will not have the right to vote but shall attend

the meetings of the Council as an observer.

(3) The Chairperson of the Committee shall choose a person

from those nominated or elected as representatives or, in their

absence their substitutes, to act as his substitute or his assistant, as the

case may be, at his absolute discretion depending on

(a)

the subject matter to be discussed in the Council;

and

(b)

the sector of activity within civil society which

such person represents.

The Committee shall have the power to regulate its own Procedure.

procedure consistently with the Act and any regulations made

thereunder and generally accepted rules of order.

(1)

The Committee shall meet at least once every Meetings.

month at such time and on such date as may be designated and

notified to the members for that purpose by the Chairperson of the

Committee. The time and date in which meetings are to be held shall

also be notified to the Chairperson of the Council on the same date on

which they are notified to the members of the Committee. The

Chairperson of the Council may attend the meetings of the Committee

as an observer.

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

designated by the Chairperson of the Council.

The quorum for a meeting shall be a number of members

representing fifty per cent plus one of all the members of the

Committee. If within half an hour from the time appointed for the

meeting a quorum is not present, the meeting shall stand adjourned to

such other day, time and place as the Chairperson of the Committee

may indicate beforehand in the notice convening the adjourned

meeting and which adjourned meeting shall not be held later than

seven working days from the date of the original meeting. If at the

adjourned meeting a quorum is not present within half an hour from

the appointed time the members present in that meeting shall

constitute a quorum.

(1)

The Executive Secretary of the Council shall be the

Executive Secretary of the Committee. It shall be the function of the

Executive Secretary to

(a)

keep the minutes of the meetings of the Committee;

and

(b)

keep a record of the members present during the

meeting, the members who are absent and the members who are

excused.

(2) The Executive Secretary of the Council may nominate any

other person from the employees of the Council to attend the

meetings of the Committee in his absence and to fulfil all functions of

Executive Secretary of the Committee.

The minutes of the proceedings of every meeting shall be

kept by the Executive Secretary of the Committee and shall be read

and approved at the commencement of the following meeting. The

approved minutes shall be accessible to the members of the

Committee at all times. The Executive Secretary of the Committee

shall make such approved minutes available to the members of the

Council, if requested.

The Council shall provide the Secretariat of the

Committee.

€0.54