Regulations. (Amendment) Regulations, 2012

L.N. 247 of 2012

CONSTITUTION OF MALTA

Disciplinary Procedure in the Public Service Commission

Regulations. (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 Disciplinary

Procedure in the Public Service Commission Regulations

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

construed as one with the Public Service Commission (Disciplinary

Procedure) Regulations, 1999, hereinafter referred to as “the

principal regulations”.

(2) These regulations shall come into force with

immediate effect except Regulations 12 and 14 (d) which shall

come into force on 14 September 2012.

Regulation 2 of the principal regulations shall be

substituted as follows

2. In these regulations, unless the context

“Interpretation.

otherwise requires

“1977 Regulations” means the Public Service

Commission (Disciplinary Procedure) Regulations,

1977;

“Attorney General” means the Attorney

General appointed under article 91 of the

Constitution, or a legal officer authorised by him;

“the Board” means a Disciplinary Board

appointed as provided for in regulation 21(3);

“the Commission” means the Public Service

Commission as constituted under article 109 of the

Constitution;

“the Constitution” means the Constitution of Malta

as enacted by the Malta Independence Order, 1964, and

as subsequently amended;

“definite suspension” means suspension without

pay as a penalty following disciplinary proceedings,

and “suspend for a definite period” shall be understood

accordingly;

“Executive Secretary” means the Executive

Secretary of the Public Service Commission;

“Head of Department” means the head of any Cap. 497.

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 Directors

General and Directors other than Heads of

Department;

(b) any other public officer or authority, not

being a Head of Department, to whom power to

exercise disciplinary control has been delegated in

accordance with article 110 of the Constitution;

and “department of Government” and

“department” shall be understood accordingly;

“Head of the Public Service” means the public

officer holding or acting in the office of Principal

Permanent Secretary in terms of article 14 of the Public

Administration Act;

“Permanent Secretary” means a public officer

appointed as Permanent Secretary in terms of article

92(3) of the Constitution;

“public officer” or “officer” means a public officer

as defined by article 124(1) of the Constitution;

“public service” or “service” means the public

service as defined by article 124 of the Constitution;

“salary” means basic salary or, as the case

may require, basic wage;

“Schengen area” means the states which are parties

to the Schengen Agreement, as defined in regulation 2 of

the Immigration Regulations, 2004;

“Standing Disciplinary Panel” means a panel

established in terms of regulation 21(1);

“summary suspension” means suspension on

half salary by the Head of Department as an interim

measure in terms of regulation 11(1), 12(3) or 14(3), and

“summarily suspend” shall be understood accordingly;

“temporary suspension” means suspension on

not less than half salary by the Commission in terms

of regulation 12 or 14 pending the conclusion of

disciplinary or criminal proceedings, and “temporarily

suspend” shall be understood accordingly.

Sub-regulation (5) of regulation 3 of the principal

regulations shall be substituted by the following

“(5) Nothing in these regulations shall prevent the

Commission, with the consent of the Prime Minister, from

issuing directives and guidelines to Permanent Secretaries,

Heads of Department and other officers concerning the

interpretation and operation of these regulations and the

exercise of any functions assigned to them by or under these

regulations or delegated to them under article 110 of the

Constitution.”.

Immediately after sub-regulation (3) of regulation 6 of

the principal regulations, there shall be added the following new

sub-regulation

“(4) (a) Where an officer answering disciplinary

charges is entitled to be notified of any matter or given any

information under these regulations, such entitlement shall,

unless these regulations prescribe otherwise, be held to have

been discharged if the notification is delivered to the address

most recently reported by the officer to his department as his

home address, and if proof of delivery is retained.

(b) Nothing in the foregoing shall be taken as

precluding the discharge of the said entitlement through

the delivery of the notification or information directly to

the officer answering charges, provided that proof of such

delivery is retained.”.

Regulation 8 of the principal regulations shall be

amended as follows

(a) for the marginal note thereto, there shall be

substituted the words “Proceedings by the Head of the Public

Service and by Permanent Secretaries.”;

(b) in sub-regulation (1), the words “or a Director”

shall be substituted by the words “or a Director General or

Director”; and

(c) in sub-regulation (2), the words “Head of the

Public Service” shall, wherever they appear, be substituted by

the words “Permanent Secretary of the relevant Ministry”.

For the title of Part I of the principal regulations, Amends the title of

including in the Arrangement of Regulations, there shall be Part I of the principal

substituted the following

“Part I – Summary and Temporary Suspension”.

Regulation 11 of the principal regulations shall be

amended as follows

(a) the word “suspension” shall, wherever it occurs, be

substituted by the words “summary suspension”;

(b) the word “suspended” shall, wherever it occurs, be

substituted by the words “summarily suspended”; and

(c) in sub-regulation (2), the words “in terms of the

preceding paragraph of this regulation” shall be substituted by

the words “in terms of sub-regulation (1)”.

Regulation 12 of the principal regulations shall be Amends regulation

amended as follows

(a) for the marginal note thereto, there shall be

substituted the words “Summary and temporary suspension

during disciplinary proceedings.”;

(b)

the words “suspend” and “suspension” shall,

wherever they occur, be respectively substituted by the words

“summarily suspend” and “summary suspension”;

(c) the words “interdicted” and “interdiction” shall,

wherever they occur, be respectively substituted by the words

“temporarily suspended” and “temporary suspension”; and

(d) sub-regulation (10) shall be substituted as follows

“(10) An officer who is temporarily suspended

due to criminal proceedings instituted against him

shall seek the permission of the Permanent Secretary

of the relevant Ministry if he wishes to travel outside

the Schengen area. Prior to granting such permission

the Permanent Secretary of the relevant Ministry shall

consult the Commissioner of Police. Any such officer

who leaves Malta without the required permission shall

be liable to disciplinary action, which action may be one

leading to dismissal.”.

Regulation 14 of the principal regulations shall be

amended as follows

(a) for sub-regulation (1) thereof, there shall be

substituted the following

“(1) When it comes to the notice of the Head

of Department that an officer under his charge is

being investigated or has been arrested by the police in

connection with a criminal investigation, the Head of

Department may direct the officer to avail himself of

vacation leave for a single period up to a maximum of

five working days, and the officer shall comply.”;

(b) sub-regulations (2), (3) and (4) shall be renumbered

as sub-regulations (4), (5) and (6) respectively;

(c) immediately after sub-regulation (1) thereof, there

shall be added the following new sub-regulations

“(2) A public officer availing himself of

vacation leave for a period up to a maximum of five

working days in accordance with sub-regulation (1)

hereof shall have the right to report back to work

immediately on the expiry of the said period of vacation

leave. If the investigation carried out by the police does

not result in the arraignment of the public officer, the

officer’s vacation leave entitlement for that year shall

be augmented by the equivalent of the leave taken in

accordance with sub-regulation (1) hereof.

(3) If criminal proceedings are instituted

against a public officer in any court, the officer shall

so inform his Head of Department within three

working days from the date of the commencement of

such proceedings. The Commissioner of Police shall

also report to the Head of Department that criminal

proceedings are being instituted against the said public

officer

Provided that neither the officer nor the

Commissioner of Police shall be obliged to inform

the Head of Department about criminal proceedings

instituted solely in connection with a contravention,

unless that contravention is alleged to have occurred at

the officer’s place of work or is related to his duties.”;

(d) in sub-regulation (4) as renumbered, for

the words “should or should not be interdicted” there

shall be substituted the words “should or should not

be temporarily suspended”, and immediately after the

words “determination of any appeal” there shall be

added the words “The report referred to the Commission

by the Head of Department shall be copied to the officer

undergoing criminal proceedings.”;

(e) in sub-regulation (5) as renumbered,

for the words “Where the Head of Department has

recommended to the Commission that the officer should

be interdicted, he may suspend the officer” there shall be

substituted the words “Where the Head of Department

has recommended to the Commission that the officer

should be temporarily suspended, he may summarily

suspend the officer”; and

(f) in sub-regulation (6) as renumbered, for

the words “suspension and interdiction” there shall

be substituted the words “summary and temporary

suspension”.

In the proviso to sub-regulation (2) of regulation 16 of

the principal regulations, the words “suspension or interdiction”

shall be substituted by the words “summary or temporary

suspension”.

Sub-regulation (2) of regulation 20 of the principal

regulations shall be amended as follows

(a) in the Maltese text of paragraph (a) thereof, for

the words “il-partikolaritajiet tax-xhieda li jkunu ser jinġiebu

b’sostenn ta’ l-akkuża jew l-akkużi” there shall be substituted

the words “il-partikolaritajiet tal-evidenza li ssostni l-akkuża

jew l-akkużi” and for the words “three calendar months” there

shall be substituted the words “90 working days”;

(b) in paragraph (b) thereof, for the words “This

statement shall be delivered personally to the officer by a

responsible official of the department concerned” there shall

be substituted the words “This statement shall be delivered

in accordance with sub-regulation (4) of regulation 6 of these

regulations”;

(c) in paragraph (c) thereof, for the words “A complete

report on the case shall be entered in the officer’s personal

file but not in his record of service.” there shall be substituted

the words “All the documents related to the case shall be

destroyed after two months.”; and

(d) for paragraph (e) thereof there shall be substituted

the following

“(e) If the officer does not furnish a reply

within the period specified, or does not in the opinion

of the Head of Department exculpate himself, the Head

of Department shall so inform the officer. Within twenty

working days from the receipt of a reply or from the date

on which such a reply was due, the Head of Department

shall refer the case to a Disciplinary Board appointed

under regulation 21of these regulations.”.

Regulation 21 of the principal regulations shall be

substituted by the following

(1) The Permanent Secretary of

“Standing

Disciplinary

each Ministry shall, subject to the approval of the

Panels and

Disciplinary

Boards.

Commission, establish a Standing Disciplinary Panel

consisting of suitable and competent former public

officers.

(2) Members of the Standing Disciplinary

Panel of a ministry shall serve thereon for a period of

24 months with the possibility of renewal, subject to

the Commission’s approval, for further terms of twelve

months

Provided that any previous or concurrent

service with the Standing Disciplinary Panel of a

particular ministry shall not be taken into consideration

for the purpose of this sub-regulation in the event that a

person is nominated to the Standing Disciplinary Panel

of another ministry;

Provided further that a member of the Panel of

any ministry may be removed by the Commission, at its

discretion, at any time.

(3) A Disciplinary Board for the purpose

of regulation 20(2)(e) shall be appointed by the Head

of Department from amongst suitable and competent

public officers, and, or persons listed in the Standing

Disciplinary Panel of the relevant Ministry

Provided that if a serving public officer is

appointed to a Disciplinary Board, he shall be an officer

of the department and not in the same grade as the

officer charged, and moreover

(a) if appointed to chair the Board, the

officer shall be not less than two salary scales

above the officer charged and not below salary

scale 10; or

(b) if appointed as a member of the Board,

the officer shall be at least one salary scale above

the officer charged

Provided further that where the Head of

Department has informed the officer that the alleged

offence could lead to dismissal, the chairperson of the

Disciplinary Board shall, if a public officer, be at least at

Assistant Director level or analogous grade.

(4) The Chairperson and Members serving

on the Board shall not be connected with the case of

discipline and they shall not be related up to the third

degree to the officer charged. Where any member of the

Board is connected with the case of discipline, he shall

accordingly inform the Head of Department, who shall

nominate a substitute in keeping with sub-regulation (3)

hereof.

(5) Where serious objections are

raised by the officer charged or by his representative

that the Chairperson and, or any of the Members of

the Board are in some way prejudiced against him, the

officer charged may accordingly petition the Permanent

Secretary of the relevant Ministry. Pending the decision

of the Permanent Secretary of the relevant Ministry, the

disciplinary proceedings shall be suspended.

(6) If the Permanent Secretary

accepts a petition under sub-regulation (5) hereof, he

shall direct the Head of Department to appoint a fresh

Board or make appropriate changes to the Board in

keeping with sub-regulation (3) hereof. The petitioning

officer shall be informed accordingly.”.

13. For sub-regulation (2) of regulation 23 of the principal

regulations there shall be substituted the following

“(2) Notice of not less than ten working days shall be given

of the time and place of the hearing to the Head of Department

and to the officer charged. Every notice shall be signed by the

chairperson and delivered in accordance with sub-regulation (4) of

regulation 6 of these regulations.”.

14. In sub-regulation (4) of regulation 32 of the principal

regulations, for paragraphs (c) and (d) there shall be substituted the

following

“(c) annul the findings of the Board and direct the

Permanent Secretary supervising the department to appoint a

fresh Board in keeping with regulation 21(3) to hear the case

again and report its findings to the Head of Department;

(d) remove any defaulting members of the original

Board from the Standing Disciplinary Panel in accordance

with regulation 21(2), and in the case of public officers

recommend disciplinary action against them in accordance

with regulation 3(4).”.

15. Regulation 37 of the principal regulations shall be Substitutes regulation

substituted as follows

3 7 . ( 1 ) W h e n a n o f fi c e r w h o i s f a c i n g

disciplinary proceedings resigns or retires from the

public service or otherwise ceases to be a public officer

before such proceedings are concluded, the Head of

Department shall ask the officer charged to state, within

ten working days, whether he wishes that the disciplinary

proceedings be continued in order that he may have the

opportunity to exculpate himself, or whether he wishes

that the disciplinary proceedings be suspended.

(2) If the officer opts to continue with

the proceedings and he is eventually found guilty, no

penalty shall be imposed, but a record of the findings of

the Disciplinary Board shall be entered in the officer’s

record of service.

(3) If the officer opts to have the case

suspended, he shall confirm this in writing and a record

shall be entered in his record of service stating that at the

time of his leaving the service, the officer had a pending

disciplinary case.

(4) If the officer does not, within the

stipulated time, state what his preferred option is, the

case shall be suspended and a note entered in his record

of service stating that at the time of his leaving the

service, the officer had a pending disciplinary case.

(5) Should a person who had been found

guilty in accordance with sub-regulation (2) rejoin the

public service, whether in the same or in a different

capacity, the Head of Department now responsible for the

officer shall, within six months of the officer rejoining

the service, make a recommendation to the Commission

as to whether or not disciplinary proceedings should be

resumed with a view to the imposition of the appropriate

disciplinary penalty; and if the Commission directs that

proceedings should be resumed, the Head of Department

shall proceed in accordance with regulation 26 or such

other provision of these regulations as may apply.

(6) Should a person who has a suspended

disciplinary case in terms of sub-regulations (3) or (4)

subsequently rejoin the service, whether in the same

or a different capacity, the Head of Department now

responsible for the officer shall, within six months of the

officer rejoining the service, make a recommendation

to the Commission as to whether or not disciplinary

proceedings should be resumed; and if the Commission

so directs, the Head of Department shall resume

proceedings from the stage they had reached prior to

their being discontinued, save that –

(a) any applicable timeframes shall be

deemed to start from the date that the Head of

Department is informed by the Commission that

proceedings should be resumed, or any later date

as may apply; and

(b) unless the Disciplinary Board had

presented its report in the original proceedings, the

Head of Department shall appoint the same or a

fresh Disciplinary Board to hear the case according

to the charges laid against the officer in the original

proceedings.”.

16. Regulation 43 of the principal regulations shall be

substituted by the following

(1) Meta uffiċjal li jkun għaddej fi

proċedimenti

dixxiplinarji kontrih jirriżenja jew

jirtira mis-servizz pubbliku jew xort’oħra jtemm milli

servizz waqt li

jibqa’ uffiċjal pubbliku qabel ma jintemmu dawk il-

proċedimenti, il-Kap ta’ Dipartiment għandu jitlob lill-

dixxiplinarji. uffiċjal akkużat jiddikjara, fi żmien għaxart ijiem tax-

xogħol, jekk ikunx irid li l-proċedimenti dixxiplinarji

jitkomplew biex ikun jista’ jkollu l-opportunità li

jiskolpa ruħu, jew jekk ikunx irid li l-proċedimenti

dixxiplinarji jiġu sospiżi.

(2) Jekk l-uffiċjal jagħżel li jkompli għaddej

bil-proċedimenti u jiġri li wara jinsab ħati, m’għandha

tingħatalu ebda piena, iżda għandu jsir notament dwar

ir-riżultanzi tal-Bord ta’ Dixxiplina fir-record tas-servizz

ta’ dak l-uffiċjal.

(3) Jekk l-uffiċjal jagħżel li l-każ jiġi sospiż,

huwa għandu jikkonferma dan bil-miktub u għandu jsir

notament dwar dan fir-record tas-servizz tiegħu fejn jiġi

dikjarat li meta telaq mis-servizz, l-uffiċjal kellu każ ta’

dixxiplina pendenti.

(4) Jekk fiż-żmien stabbilit, l-uffiċjal jonqos

milli jiddikjara xi tkun l-għażla li huwa jagħmel, il-każ

jiġi sospiż u titniżżel nota fir-record tas-servizz tiegħu

fejn jingħad li meta telaq mis-servizz, l-uffiċjal kellu każ

ta’ dixxiplina pendenti.

(5) Jekk jiġri li persuna li tkun instabet

ħatja kif hemm fis-subregolament (2) terġa’ tidħol fis-

servizz pubbliku, sew fl-istess kariga li kellha sew

f ’kariga differenti, il-Kap ta’ Dipartiment li jkun

issa responsabbli għall-uffiċjal għandu, fi żmien sitt

xhur minn meta dak l-uffiċjal jerġa’ jidħol fis-servizz,

jagħmel rakkomandazzjoni lill-Kummissjoni dwar jekk

għandhomx jitkomplew il-proċedimenti dixxiplinarji jew

le bil-għan li tiġi imposta l-piena dixxiplinarja adatta; u

jekk il-Kummissjoni tordna li l-proċedimenti għandhom

jitkomplew, il-Kap ta’ Dipartiment għandu jimxi skont

ir-regolament 26 jew kull dispożizzjoni oħra ta’ dawn ir-

regolamenti li tista’ tkun tapplika.

(6) Jekk jiġri li persuna li jkollha każ ta’

dixxiplina sospiż kif hemm fis-subregolamenti (3) jew

(4) sussegwentement terġa’ tidħol fis-Servizz, sew fl-

istess kariga li kellha sew f’kariga differenti, il-Kap

ta’ Dipartiment li jkun issa responsabbli għall-uffiċjal

għandu, fi żmien sitt xhur minn meta dak l-uffiċjal

jerġa’ jidħol fis-servizz, jagħmel rakkomandazzjoni

lill-Kummissjoni dwar jekk għandhomx jitkomplew il-

proċedimenti dixxiplinarji jew le; u jekk il-Kummissjoni

hekk tordna, il-Kap ta’ Dipartiment għandu jkompli

għaddej bil-proċedimenti mill-fażi li jkunu waslu fiha

qabel ma jkunu twaqqfu, ħlief li –

(a) kull terminu ta’ żmien li japplika għandu

jitqies li jibda għaddej mid-data meta l-Kap ta’

Dipartiment jiġi mgħarraf mill-Kummissjoni li

l-proċedimenti għandhom jitkomplew, jew minn

kull data oħra li tista’ tkun tapplika; u

(b) kemm-il darba l-Bord ta’ Dixxiplina ma

kienx ippreżenta r-rapport tiegħu fil-proċedimenti

oriġinali, il-Kap ta’ Dipartiment għandu jaħtar

lill-istess Bord ta’ Dixxiplina jew Bord ġdid

biex jittratta l-każ skont l-akkużi miġjuba kontra

l-uffiċjal fil-proċedimenti oriġinali.”.

16. Minflok ir-regolament 43 tar-regolamenti prinċipali

għandu jidħol dan li ġej

Where disciplinary proceedings or

petitions for a review of a past recommendation of

the Commission have been commenced under and in

accordance with the 1977 Regulations, repealed under

these regulations, such proceedings or review shall be

continued and completed under and in accordance with

the regulations aforesaid as if the 1977 Regulations had

not been repealed

Provided that the provisions on disciplinary

penalties which shall apply in the case of such

proceedings or review shall be whichever of those in

the 1977 Regulations or the current regulations are most

favourable to the accused officer.”.

17. The Schedule of Offences and Penalties to the principal Amends the Schedule

regulations shall be amended as follows

(a) in paragraph 2, for the words “in this Schedule.”

there shall be substituted the words “in this Schedule:” and

immediately thereafter there shall be added the following new

proviso

“Provided that where a directive issued under

the Public Administration Act specifies that breaches

of the said directive are to be considered as a serious

offence, the Head of Department shall be precluded

from exercising the aforementioned discretion and shall

regard any such breach of the said directive as a serious

offence.”.

(b) Sub-paragraph (r) of paragraph 3.2 shall be

renumbered as sub-paragraph (s), and immediately after

paragraph (q) there shall be added the following new

paragraph

“(r) disregard of or failure to obey with regards to

directives issued under Public Administration Act.”.

(c) immediately following paragraph 3.2, there shall

be added a new paragraph 3.3 as follows

“3.3 Where a single or continuous act can be

classified under both paragraphs 3.1 and 3.2, such

offence shall be classifed under paragraph 3.2.”;

(d) in paragraphs 4.1(b) and (c), for the words

“Suspension without pay” there shall be substituted the words

“Suspension without pay for a definite period”;

(e) in paragraphs 4.1(b) and (c) and 4.2 (a) and (b),

as well as the first proviso to paragraph 4.2(c), for the word

“days”, wherever it appears, there shall be substituted the

words “working days”;

(f) in paragraphs 4.2(a) and (b), for the words

“Suspension without pay for a period” there shall be

substituted the words “Suspension without pay for a definite

period”;

(g) in the first proviso to paragraph 4.2, for the words

“suspension without pay not exceeding five days” there

shall be substituted the words “suspension without pay for a

definite period not exceeding five days”;

(h) in the second proviso to paragraph 4.2, for the word

“interdicted” there shall be substituted the words “temporarily

suspended”; and

(i) in the third proviso to paragraph 4.2, for the words

“of this Schedule.” there shall be substituted the words “of

this Schedule:”, and immediately thereafter there shall be

added following new proviso

“Provided also that where the Commission

recommends the imposition of a warning of dismissal,

the Commission may also, at its discretion, recommend

that the said warning should expire at the end of a period

specified by the Commission.”.

€1.26