Public Service Commission (Amendment) Regulations, 2012

L.N. 246 of 2012

CONSTITUTION OF MALTA

Public Service Commission (Amendment) Regulations, 2012

IN exercise of the powers conferred by article 121 of the

Constitution of Malta, the Public Service Commission has, with the

consent of the Prime Minister, made the following regulations:—

(1) The title of these regulations is the Public Service

Commission (Amendment) Regulations, 2012, and they shall be

read and construed as one with the Public Service Commission

Regulations, 1960, hereinafter referred to as “the principal

regulations”.

(2) These regulations shall come into force with

immediate effect, except as follows:-

(a) regulation 9 shall come into force on 14th

September 2012, and

(b) regulation 11 shall come into force on 15th

November 2012.

For regulation 2 of the principal regulations there shall be

substituted the following

2. In these regulations, unless the context

“Definitions.

otherwise requires

“Chairperson” means the Chairperson of the

Commission, and includes the Deputy Chairperson

or any other person appointed to act temporarily as

Chairperson;

“Executive Secretary” means the Executive

Secretary of the Public Service Commission;

“head of department” means the head of

any department of Government that is listed in

the Second Schedule to the Public Administration

Act, but for the purpose of these regulations also

includes

(a) Permanent Secretaries; and

( b ) a n y o t h e r p u b l i c o f fi c e r o r

authority, not being a head of department,

to whom power to appoint staff has been

delegated in accordance with article 110 of

the Constitution;

and “department of Government” or “department”

shall be understood accordingly

Provided that the Director or Director General

with responsibility for human resource management

across a ministry may, if the Permanent Secretary of the

ministry so directs, act under these regulations on behalf

of the Permanent Secretary or on behalf of the head of

any department under the supervision of that Permanent

Secretary;

“member” means any member of the Commission

including the Chairperson, the Deputy Chairperson, and

a temporary member;

“merit principle” shall be understood in accordance

with article 21 of the Public Administration Act;

“Permanent Secretary” means a person appointed

in terms of article 92(3) of the Constitution;

“Principal Permanent Secretary” means the

person appointed in terms of article 14 of the Public

Administration Act;

“Standing Selection Panel” means a panel

established in terms of regulation 14(1).”.

(1) For the words “Chairman” and “Deputy Chairman”, Amendments to

wherever they appear, there shall be substituted the words apply throughout the

principal regulations.

“Chairperson” and “Deputy Chairperson” respectively.

(2) For the words “Prime Minister”, wherever they

appear other than in regulation 13, there shall be substituted the

words “Principal Permanent Secretary”.

(3)

For the words “President of Malta”, wherever

they appear other than in regulations 3(1) and 13, there shall be

substituted the words “Prime Minister”.

In sub-regulation (1) of regulation 3 of the principal

regulations, for the words “The President of Malta may” there shall

be substituted the words “The Prime Minister shall”.

For regulation 4 of the principal regulations there shall be

substituted the following

4. The Commission may by resolution delegate

“Delegation of

certain powers

to the Chairperson or other member or members any

of the powers or duties of the Commission other than

the tendering of advice to the Prime Minister in the

following matters affecting a public officer

(1)

termination of appointment;

(2)

disciplinary action;

(3) retirement on or after reaching the age

of fifty years;

(4)

extension of probationary service.”

Regulation 11 of the principal regulations shall be

amended as follows

(a) in paragraph (d), for the word “substantively;”

there shall be substituted the word “substantively.”; and

(b) paragraph (e) shall be deleted.

For regulation 12 of the principal regulations there shall

be substituted the following

In making recommendations for the

appointment or promotion of officers in the public

service, the Commission shall have regard to the

maintenance of the high standard of efficiency necessary

in the public service. Vacancies shall be advertised

through the publication of calls for applications which

shall, subject to regulation 13 –

(a)

give due consideration to qualified

officers serving in the public service; and

(b) in the case of officers in the public

service, take into account merit, experience and

qualifications before seniority in the service

Provided that if the Commission is satisfied

that, in the circumstances, a call for applications is

inappropriate, it may make its recommendations without

such call for applications or other advertisement.”.

8. Regulation 13 of the principal regulations shall be

amended as follows

(a) for the words “in accordance with regulation 12(c)”

there shall be substituted the words “in accordance with

regulation 12”; and

(b) the words “for and on behalf of the President of

Malta” shall be deleted.

9. For regulation 14 of the principal regulations there shall

be substituted the following

(1) The Permanent Secretary of

each ministry shall, subject to the approval of the

Commission, establish a Standing Selection Panel

consisting of suitable and competent former public

officers and, or non-public officers.

(2) Members of the Standing Selection

Panel shall serve thereon for a period of twenty-four

months with the possibility of renewal, subject to the

Commission’s approval, for further terms of twelve

months

Provided that a member of the Panel may be

removed by the Commission, at its discretion, at any

time.

( 3 ) I n c o n s i d e r i n g t h e m a k i n g o f

recommendations for the appointment or promotion of

an officer in the public service, the Commission may

(a) consult with any other person or persons;

and

(b) seek the advice of a selection board

constituted by the head of department, who may

appoint to it suitable and competent serving public

officers and, or persons listed in the Standing

Selection Panel of the relevant ministry

Provided that the selection board shall include

at least one serving public officer.”.

(4) Except in so far as the Commission may

direct otherwise, no selection board shall include

(a) members of staff of the secretariat

of the Prime Minister, or of a minister, or of a

parliamentary secretary; or

(b) holders of posts in the administrative

structure of a political party; or

(c) any official of a trade union which

represents applicants for the vacancy to be filled;

or

(d) any other person who would be placed

in a conflict or an apparent conflict of interest if he

sat on the selection board.

(5) If a person is appointed to a selection

board notwithstanding sub-regulation (4), or sub-

regulation (4) becomes applicable to that person

following his appointment to the selection board, that

person shall so inform the head of department, who

shall substitute that person as chairperson or member of

the selection board, unless any candidates have already

been interviewed or otherwise assessed by the selection

board, in which case the head of department shall seek

directions from the Commission.

10. Regulation 15 of the principal regulations shall be

substituted by the following

In order to discharge its duties under these

regulations, the Commission may determine, or cause

to be determined through directives and guidelines

issued with its approval by the Principal Permanent

Secretary, the procedure to be followed in dealing with

applications, including the proceedings of any selection

board appointed by the head of department to interview

candidates.”.

11. Regulation 17 of the principal regulations shall be Substitutes regulation

substituted by the following

In the appointment and promotion of public

“Appointments

officers to posts or positions in respect of which the

power to appoint or promote has not been delegated

by virtue of an Instrument of Delegation under article

110 (1) of the Constitution by the Prime Minister, the

following procedure shall be followed

(a) When a vacancy occurs in a department

and the head of department deems that applications

to fill the vacancy should be invited, he shall take

action as appropriate to invite such applications

from serving public officers, or from serving public

officers and others, as the case may be.

(b) If, in the opinion of the head of

department, it is unlikely that a suitably qualified

candidate will be available to fill the vacancy, he

shall make arrangements for training leading to the

acquisition of the necessary expertise.

(c) The head of department shall ensure that

any call for applications issued by his department

conforms to any applicable laws, and to any

other applicable provisions governing eligibility

for the vacant post; and in issuing such calls for

applications, the head of department shall act

in accordance with any directives and guidelines

issued by the Commission and any relevant

directives and guidelines issued by the Principal

Permanent Secretary with the agreement of the

Commission in terms of the Public Administration

Act.

(d) The Commission may, on its own

initiative, or following petitions or representations

by applicants, or following formal submissions

by the Principal Permanent Secretary reporting

that the relevant directives and guidelines are not

being adhered to, inquire into and investigate any

selection process.

(e) Where the Commission finds that there

is a breach of the provisions of these regulations or

any applicable directives and guidelines, or where

the Commission finds that a selection process

was not conducted in accordance with the merit

principle, it may take such action as it deems fit by

way of remedy, including

(i) the suspension or termination of a

selection process;

(ii) the cancellation of a call for

applications, and the subsequent publication

of a revised call with such amendments as the

Commission may decide upon;

(iii)

the annulment of a selection

result;

(iv) the making of a recommendation

to the Prime Minister for the revocation of an

appointment, subject to regulation 23(2); and

(v) the making of recommendations

to the Prime Minister or to other authorities

as appropriate, to take such disciplinary or

criminal action as it may consider appropriate

in the circumstances.

(f) Vacancies in, and pertaining to, the

general service shall be advertised by

(i)

the Principal Permanent Secretary;

or

(ii) another Permanent Secretary

within the Office of the Prime Minister who

may be designated for this purpose by the

Principal Permanent Secretary; or

(iii) where a Minister has been

assigned responsibility for the Public

Administration, the Permanent Secretary of

that Ministry;

and the Principal Permanent Secretary or

Permanent Secretary, as the case may be, shall be

regarded as the head of department for the purpose of

the procedure prescribed in this regulation.

12. In sub-regulations (2) and (3) of regulation 19 of the Amends regulation

principal regulations, the words “, in quadruplicate,” wherever they 19

appear, shall be deleted.

13. In regulation 22 of the principal regulations, for the Amends regulation

words “If a head of department recommends that a public officer regulations.

who is not a head of department should act as head of department,

he shall” there shall be substituted the words “If the head of one

of the departments listed in the Second Schedule to the Public

Administration Act recommends that another public officer

should act in his stead or instead of one of the other officers in his

department who are listed in the third column of the said Second

Schedule, the head of department shall”.

14. Regulation 23 of the principal regulations shall be Substitutes regulation

substituted by the following

(1) The Commission may disqualify, or

“Disqualifica-

tion of

direct the selection board to disqualify, an applicant for

candidates and

revocation of a public office to which article 110 of the Constitution

appointments.

applies if –

(a) the appointment of that applicant would

be contrary to the law, or the applicant would not,

if appointed, be permitted by law to carry out the

duties of the office; or

(b) the applicant no longer meets the

eligibility requirements for the office; or

(c) the applicant is unable to carry out

the duties of the office due to physical or mental

infirmity, and it is not possible to provide

reasonable accommodation to enable him to

perform his duties in spite of his infirmity; or

(d) the applicant would, on appointment, be

beyond the established retirement age; or

(e) the applicant has a criminal record

which, in the Commission’s opinion, makes him

unfit for the office; or

(f) the applicant was previously dismissed

from the Public Service, or has a disciplinary

record which, in the Commission’s opinion, makes

him unfit for the office; or

(g) the applicant presents incorrect

information on his qualifications, experience or

other matters of direct relevance to the selection

process; or

(h) the applicant attempts to influence the

selection process through representations with

selection board members, members or staff of

the Commission, or other persons, in a manner

otherwise than as permitted by these regulations or

the Public Service Management Code; or

(i) the Commission considers the applicant

to be unfit for the office for any other reason

Provided that before it decides on the

disqualification of an applicant for any of the reasons

given in paragraphs (c), (e), (f), (g), (h) and (i), the

Commission shall give the applicant the opportunity to

submit representations in writing.

(2) Notwithstanding any other provision

of these regulations or of any other regulations made

under article 121 of the Constitution, the Commission

may recommend the revocation of an appointment made

under article 110 of the Constitution if –

(a) that appointment was manifestly not in

accordance with the principle of merit; or

(b) the appointee manifestly did not satisfy

the eligibility requirements applying to the office

to which he was appointed; or

(c) the appointee obtained his appointment

on the basis of fraud or misrepresentation; or

(d) the appointee is not, or is no longer,

permitted by law to carry out the duties of his

office, or no longer holds the qualifications which

constituted eligibility requirements for the office;

or

(e) the appointee has become unable to

carry out the duties of his office due to physical or

mental infirmity, and it is not possible to provide

reasonable accommodation to enable him to

perform his duties in spite of such infirmities; or

(f) very serious reasons emerge which

would have led the Commission to disqualify him

from consideration for the office, had the selection

process not been concluded

Provided that before it recommends the

revocation of an appointment under this sub-regulation,

the Commission shall notify the appointee and give

him the opportunity to submit representations either

personally and/or through his representative;

Provided further that an appointment shall not

be subject to revocation in terms of paragraphs (a) or (b)

of this sub-regulation unless the Commission notifies the

appointee as aforesaid by the end of the probationary

period applying to that appointment, or, in the case of an

appointment that is not subject to probation, by not later

than one year from the effective date thereof.

15. Regulations 30 and 31 of the principal regulations shall

be deleted.

16. For regulation 32 of the principal regulations there shall Substitution of

be substituted the following

(1) Any request or directive by the

Commission to any public officer, board or authority,

other than the Prime Minister, performing functions

instruments of

under these regulations or otherwise under the authority

or on behalf of the Commission shall be complied with

by any such public officer, board or authority.

(2) An instrument of delegation issued

under article 110 of the Constitution may derogate from

these regulations or make alternative provision thereto,

and the instrument of delegation shall accordingly have

precedence over these regulations.”.

€1.08