Malta Academy for the Arts Order, 2012

L.N. 410 of 2012

EDUCATION ACT

(CAP. 327)

Malta Academy for the Arts Order, 2012

IN EXERCISE of the powers conferred by article 131 of the

Education Act, the Prime Minister has made the following Order:-

The title of this Order is the Malta Academy for the Arts

Order, 2012.

The object of this Order is to establish and provide for

matters related to the Malta Academy for the Arts as an entity

established in terms of article 131 of the Education Act.

In this Order, unless the context otherwise requires -

"the Academy" means the Malta Academy for the Arts;

"the Act" means the Education Act;

"Board of Governors" means the Board established by article 9;

"Board of Studies" means the Board established by article 11;

"the Chairman" means the Chairman of the Board of Governors

of the Malta Academy for the Arts;

"the Deputy Chairman" means the Deputy Chairman of the

Board of Governors of the Malta Academy for the Arts;

"the Director" means the Director of the Malta Academy for the

Arts with such functions and responsibilities as established in article

"Malta Qualifications Framework" has the same meaning

assigned to it by article 63 of the Act;

"the Minister" means the Minister responsible for education;

"the Permanent Secretary" means the person appointed to

supervise educational provision in Malta in terms of the Public

Administration Act;

"the Principal Permanent Secretary" means the person appointed

in terms of article 14 of the Public Administration Act;

"programme" has the meaning assigned to it by article 63 of the

Act;

"provider" has the meaning assigned to it by article 63 of the

Act;

"qualification" has the same meaning assigned to it by article 63

of the Act.

The provisions of this Order shall be without prejudice to General.

the functions of the Principal Permanent Secretary under the Public Cap. 497.

Administration Act and to his powers to issue directives and

guidelines with respect to government agencies.

(1)

The Academy shall be a body corporate having a Legal

distinct legal personality and shall be capable, subject to the personality

juridical

provisions of the Act and of this Order, of entering into contracts, of representation

of the Academy.

acquiring, holding and disposing of any kind of property for the

purposes of its functions, of suing and being sued, and of doing all

such things and entering into all such transactions as are incidental or

conducive to the exercise or performance of its functions under the

Act and this Order.

(2) The legal and juridical representation of the Academy shall

vest in the Director, provided that the Board of Governors may

appoint any one or more of its members or of the officers or

employees of the Academy to appear in the name and on behalf of the

Academy in any judicial proceedings or in any act, contract,

instrument or any other document.

(3) The Academy shall assume the legal personality

previously vested in the following schools within the Directorate for

Lifelong Learning of the Ministry responsible for Education

(a)

the Johann Strauss School of Music (Malta);

(b)

the School of Arts (Malta);

(c)

the Malta Drama Centre (Mikiel Ang Borg, Malta);

(d)

the School of Music (Sannat, Gozo);

(e)

the School of Arts (Għajnsielem, Gozo); and

(f)

the School of Drama (Nadur, Gozo);

and from the date of entry into force of this Order, the Academy shall

assume responsibility for all assets, liabilities and obligations

previously entered into by the said schools or by other bodies on their

The official languages of the Academy are Maltese and

English. The Academy may use either of both languages for official

The Academy shall be a centre of specialisation in

visual and performing arts education. In fulfilling its mission, the

Academy shall adhere to the following principles

(a)

the provision of a learner-centred curriculum and

which promotes creativity, innovation, participation, reflection,

personal independence and the holistic development of learners;

(b)

the provision of an inclusive learning environment,

ensuring equitable access to all persons irrespective of any

(c)

the promotion of professional development through

lifelong learning opportunities for all types of learners;

(d)

the provision of individual guidance and mentoring

to learners;

(e)

the development of artistic excellence and

professional skills of learners, enabling them to fulfil their

potential within the Cultural and Creative Industries;

(f)

the promotion of internationalisation and inter-

cultural cooperation;

(g)

the ongoing development and strengthening of

visual and performing arts within the Cultural and Creative

Industries as a key element of education in Malta;

(h)

through its operations, the promotion of local talent

and generally of the Maltese culture and tradition;

(i)

through its operations, the promotion of the

development of the visual and performing arts sector within the

Cultural and Creative Industries; and

(j)

the enhancement of mobility, recognition and

quality of visual and performing arts education.

(2) The Academy shall ensure synergy and collaboration with

private entities and voluntary organisations which provide visual and

performing arts education, and also with other organisations,

including local band clubs, dance, art and drama organisations.

(3) The Academy shall aim to enhance the quality of teaching

professionals in the visual and performing arts sector.

(4) The Academy for the Arts shall offer the following

(a)

visual and performing arts programmes at the

levels up to and including level 5 of the Malta Qualifications

Framework;

(b)

with the approval of the Minister, visual and

performing arts programmes at levels 6 to 8 of the Malta

Qualifications Framework;

(c)

opportunities for undertaking new and alternative

pathways in compulsory education within the Academy, with a

focus on one or more of the visual and performing arts core

subjects, including music, art, drama and dance; and

(d)

short, industry-based courses to service and

support the needs of the Cultural and Creative Industries.

(1)

L-Akkademja tkun ċentru ta’ speċjalizzazzjoni fl- Għanijiet.

edukazzjoni tal-arti viżiva u performattiva. Meta tkun qegħda twettaq

il-missjoni tagħha, l-Akkademja għandha tħares dawn il-prinċipji li

ġejjin

(a)

il-provvista ta’ kurrikulu bbażat fuq il-ħtiġiet ta’

min ikun qed jitgħallem u li jippromwovi l-kreattività, l-

innovazzjoni, il-parteċipazzjoni, ir-riflessjoni, l-indipendenza

personali u l-iżvilupp ħolistiku ta’ min ikun qed jitgħallem;

(b)

il-provvista ta’ ambjent ta’ tagħlim inklussiv, li

jiżgura l-aċċess ekwu għal kulħadd irrispettivament minn kull

diversità;

(ċ)

il-promozzjoni ta’ żvilupp professjonali permezz

ta’ opportunitajiet ta’ tagħlim tul il-ħajja għal kull xorta ta’

individwi li jkunu qed jitgħallmu;

il-provvista ta’ gwida individwali u mentoring lil

(d)

min ikun qed jitgħallem;

(e)

l-iżvilupp tal-eċċellenza artisitka u l-ħiliet

professjonali ta’ min ikun qed jitgħallem, sabiex ikunu jistgħu

jilħqu il-potenzjal tagħhom fi ħdan l-Industriji Kulturali u

Kreattivi;

(f)

il-promozzjoni

tal-internazzjonalizzazzjoni

u

kooperazzjoni interkulturali;

(g)

l-iżvilupp dejjem kontinwu u t-tisħiħ tal-arti viżiva

u performattiva fi ħdan l-Industriji Kulturali u Kreattivi bħala

element ewlieni tal-edukazzjoni f’Malta;

(h)

permezz tal-operazzjonijiet tagħha, il-promozzjoni

tat-talent lokali u b’mod ġenerali tal-kulturi u tradizzjonijiet

Maltin;

(i)

permezz tal-operazzjonijiet tagħha, il-promozzjoni

u l-iżvilupp tas-settur tal-arti viżiva u performattiva fi ħdan l-

Industriji Kulturali u Kreattivi; u

(j)

it-titjib tal-mobilità, ir-rikonixxement u l-kwalità

tal-edukazzjoni fil-arti viżiva u performattiva.

(2) L-Akkademja għandha tiżgura li jkun hemm sinerġija u

kollaborazzjoni ma’ entitajiet privati u organizzazzjonijiet volontarji

li jipprovdu edukazzjoni fl-arti viżiva u performattiva, kif ukoll ma

organizzazzjonijiet

oħrajn,

inkluż

għaqdiet

tal-banda

u

organizzazzjonijiet ta’ żfin, arti u drama.

(3) L-Akkademja jkollha bħala għan li ttejjeb il-kwalità tal-

għalliema professjonali fis-settur tal-arti viżiva u performattiva.

(4) L-Akkademja għandha tipprovdi dan li ġej

(a)

programmi ta’ arti viżiva u performattiva fil-livelli

sa u inkluż il-livell 5 tal-Qafas Malti tal-Kwalifiki;

(b)

bl-approvazzjoni tal-Ministru, programmi ta’ arti

viżiva u performattiva fil-livelli 6 sa 8 tal-Qafas Malti tal-

Kwalifiki;

(ċ)

opportunitajiet sabiex ikun jista’ jkun hemm

passaġġi alternattivi fl-edukazzjoni obbligatorji fi ħdan l-

Akkademja, b’enfażi fuq wieħed jew aktar mis-suġġetti ewlenin

tal-arti viżiva u performattiva, li jinkludu l-mużika, l-arti, id-

drama, u ż-żfin; u

(d)

korsijiet qosra u bbażati fuq l-industrija, sabiex

jservu u jsostnu il-ħtiġiet tal-Industriji Kulturali u Kreattivi.

(1)

The governing bodies of the Academy shall be the Governing

bodies of the

following

Academy.

(a)

the Board of Governors; and

(b)

the Board of Studies.

(2) The principal officers of the Academy are

(a)

the Chairman;

(b)

the Director;

(c)

the Heads of Institutes; and

(d)

the Branch Managers.

(1)

The Board of Governors shall be the highest Composition of

governing body of the Academy. It shall be composed of not less than the

Governors.

seven and not more than nine members to be appointed by the

Minister for a period of three years and the members shall be eligible

to be re-appointed after their term of office expires. The members of

the Board shall serve in their personal capacity.

(2) The Minister shall appoint from among the members of the

Board of Governors a Chairman and a Deputy Chairman. Where the

Chairman is abroad or for any other reason, for a temporary period, is

unable to perform his functions, the Deputy Chairman shall act as

Chairman and shall perform the powers and functions of the

Chairman.

(3) The Director shall have a right to attend the meetings of

the Board of Governors without having a right to vote, provided that

he shall withdraw from each meeting where matters concerning him

personally are discussed.

(4) The members of the Board of Governors shall be such

persons having competence or experience in the sectors of education,

music, arts, drama, culture, visual and performing arts and in the

Cultural and Creative Industries, and who, in the opinion of the

Minister, possess leadership qualities, and have an understanding of

the importance of visual and performing arts education within the

context of general cultural and creative development

Provided that the Minister shall nominate as members of

the Board of Governors such persons to represent the interests of any

of the branches of the Academy, as may be required.

(5) A member of the Board of Governors may at any time be

removed from office by the Minister on the grounds of inability to

perform the functions of his office as required, either because of

mental disorder or physical illness, or for any other reason due to

which the member would no longer be fit to occupy such office or due

to bad conduct.

(6) A member of the Board of Governors may resign from his

office through a letter addressed to the Minister. If any member

tenders his resignation or is removed from his office by the Minister

or should the office of any member become in any manner vacant, the

Minister may appoint a qualified person to take up this post and any

person who is so appointed shall keep on occupying that post up to

the termination of the term of office of the person being so substituted

and such person shall be eligible to be reappointed.

(7) Any absence or vacancy among the members of the Board

of Governors, or any participation in its meetings by any person who

is not entitled to such act, shall not invalidate the procedures of the

Board, insofar as there is a quorum of not less than one-half of the

number of members of the Board of Governors plus one.

(8) Subject to the provisions this Order, the Board of

Governors may appoint committees and generally regulate its own

procedures.

(9) The Board of Governors shall appoint a Secretary to keep

minutes and a record of the meetings and of its decisions.

(10) The Board of Governors shall meet at least once every two

months.

(11) The Board of Governors shall take all necessary

precautions and treat information on commercially sensitive matters

in a highly confidential manner in its relations with both public and

private entities that may be concerned.

(1)

The Board of Governors shall have the duty of Functions and

performing the objectives and to exercise the powers of the Academy powers

Board of

as provided in this Order, and shall in particular have the following Governors.

functions

(a)

to develop the direction, strategy and image of the

Academy and any of its branches, including the adoption of

periodic development plans for the Academy and its branches;

(b)

to acquire, administer and control the resources,

facilities and property, both movable and immovable, of the

Academy, including the procurement and utilisation of

resources for the running of the Academy and any of its

branches;

(c)

to distribute between the Institutes and any

branches within the Academy, as the case may be, the resources

available to the Academy by way of funds and by way of

premises, facilities, services, equipment and persons;

(d)

to assist and advise the Director in achieving a

level of excellence in the standards of the Academy’s courses

and programmes;

(e)

to assist the Director in ensuring that the Academy

adheres to the requirements of the National Commission for

Further and Higher Education, as provided in the Act or any

regulation made thereunder;

(f)

subject to the provisions of articles 7 and 14, to

establish courses, programmes, institutes, outreach centres,

libraries, offices and other structures within the Academy for

fulfilment of the mission of the Academy

Provided that the courses, programmes and institutes may

only be established by the Board of Governors following

consultation with the Board of Studies;

(g)

with the approval of the Minister, to constitute

branches of the Academy in Malta, Gozo and abroad;

(h)

to determine, in accordance with the requirements

of the Malta Qualifications Framework, the conditions for

admission into a programme or course provided by the

Academy;

(i)

to provide appropriate procedures

for

the

assessment and certification of learners;

(j)

to supervise the expenditure and the administration

of the Academy and to approve the annual budget proposals to

be submitted to the Minister within a given time;

(k)

to appoint the Director, and on his advice, also to

appoint all other principal officers of the Academy;

(l)

to set up, and abolish, any post of an academic or

other nature and make appointments thereto;

(m)

to make guidelines and establish procedures

concerning the performance and the conduct of students,

teachers and other persons entrusted with rendering any service

at the Academy, whether engaged by an indefinite or a definite

contract of service, or by a contract for service, or if seconded or

on loan to the Academy by government, public or private

entities;

(n)

to make guidelines to establish rules relating to any

programme or course provided by the Academy;

(o)

to make any other guidelines, rules and procedures

as provided in this Order;

(p)

to appoint Maltese or foreign examiners according

to pre-established guidelines and procedures, and to ensure that

payment is effected for their service;

(q)

to ensure that proper academic levels are retained

and improved upon;

(r)

to establish internal quality assurance schemes as

required by the Act or any regulation made thereunder and

required auditing procedures for the operations of the Academy;

(s)

to endeavour to undertake relevant projects of a

cross-border nature and to enter into such agreements as appear

to it necessary with public of private educational and cultural

entities in Malta and overseas for the fulfilment of the mission

of the Academy;

(t)

through the Ministry responsible for education in

cooperation with, where necessary, the Ministry responsible for

culture, to publicise and promote the Academy’s policies, plans,

courses, programmes and operations in a manner which

establishes the Academy and its branches as a vital element of

the Maltese visual and performing arts sector;

(u)

to establish ancillary activities related to the

operations of the Academy with the direct purpose of enhancing

the learning experience of learners;

(v)

to perform any other function which it may deem

necessary to execute the powers and functions of the Academy

which are not, by means of this Order, vested in another

governing body of the Academy; and

(w)

to undertake any other function assigned to it by

the Minister from time to time.

(2) The Board of Governors shall also approve the curricula

and the syllabi submitted by the Board of Studies and, where it deems

it so necessary, to revert the same to such Board of Studies together

with its advice about any proposed amendments.

(3) The Board of Governors shall ensure that the awards of the

Academy are recognised both at a national and at an international

level, and that, wherever applicable, are related to the standards

established in the Malta Qualifications Framework.

The Board of Studies shall be constituted of the following The Board of

Studies.

members

the Director who presides ex officio;

(a)

(b)

the Heads of Institutes;

(c)

two members of academic staff from each Institute,

elected by and from among the academic staff of each Institute;

(d)

one student from each Institute, elected by and

from among the learners of each Institute; and

(e)

two members from among the members of the

Board of Governors.

(1)

The Board of Studies shall be responsible for the

general direction of the provision of programmes and courses of the

Academy, and shall have the following functions

(a)

to propose to the Board of Governors the

programmes and courses to be provided by the Academy,

following consultation with interested stakeholders regarding

the curriculum of such programmes and courses;

(b)

to propose to the Board of Governors guidelines

regarding programmes and courses provided by the Academy,

documentation and examinations at the Academy and to

establish such awards and distinctions for such candidates

satisfying the applicable conditions on completion of the

programmes and courses;

(c)

to decide about the persons to whom awards and

other distinctions shall be awarded;

(d)

to verify that the assessment procedures used by

the Academy are in conformity with the approved academic

policies of the Academy;

(e)

to establish, subject to the provisions of the Act and

this Order, the entry conditions to programmes and courses of

the Academy;

(f)

to nominate Maltese or foreign examiners

according to pre-established guidelines and procedures to the

Board of Governors for its approval;

(g)

to recognise, following a recommendation by the

competent authorities according to the Act, such qualifications,

awards and distinctions of other education providers for the

purpose of access into a programme or course of the Academy;

(h)

to advise to the Board of Governors on any matter

related to learning in relation to visual and performing arts

education; and

(i)

to deal about any other matter which refers to

education and training and as may arise in the administration of

the Academy.

(2) The Board of Studies shall meet at least every six weeks

and the quorum for the meetings shall be of not less than one-half of

the number of members of the Board plus one.

(3) The Board of Studies may act notwithstanding any

vacancy in its membership and the quorum shall be computed as if

there was no such vacancy.

(1)

Any question proposed for decision at any meeting Common

of any governing body of the Academy shall be determined by a provisions

the governing

majority of the votes of the members present and voting, and if on any bodies

Academy.

such question the votes are equally divided the member presiding

shall have and exercise a casting vote.

(2) Unless otherwise provided in this Order, persons holding

office on a governing body not ex officio shall hold that office for a

period of two years

Provided that such persons shall continue so to hold office,

despite the expiry of their term, until the election or appointment of

another person to substitute that person.

Within the Academy there shall be the following institutes: The Institutes of

the Academy.

(a)

the Institute of Arts;

(b)

the Institute of Drama and Dance;

(c)

the Institute of Music; and

(d)

any other institute that the Board of Governors may

establish with the approval of the Minister.

(1)

The Chairman of the Board of Governors shall be Powers and

the highest officer of the Academy and shall be responsible for duties

Chairman of the

ensuring that the Academy complies with the Act and this Order.

Board of

Governors.

(2) The Chairman shall issue guidelines and procedures of the

governing bodies of the Academy and may revert as many times as

necessary to any governing body such guidelines and procedures

which in his opinion are not in terms of the law.

(3) The Chairman shall whenever he deems it necessary, have

the power to convene and preside the Board of Governors and the

Board of Studies.

(1)

Without prejudice to the powers vested in the Functions and

governing bodies of the Academy by the Act and by the provisions of responsibilities

of the Director.

this Order, the Director shall, subject to the direction of the Board, be

responsible for the daily administration of the Academy, shall be the

Chairman of the Board of Studies ex officio and shall be vested with

the legal representation of the Academy and any of its branches in

Malta and Gozo.

(2) The Director shall be appointed to hold office for a term

not exceeding three years

Provided that the Director shall be eligible for re-

appointment for further periods each of not more than three years

(3) The Director shall exercise authority over the academic

staff, examiners, learners, examination candidates, employees and

whosoever is entrusted with rendering any service to the Academy,

and he shall enforce discipline and the strict observance of the Act

and the provisions of this Order and of the guidelines and procedures

of the Academy.

(4) The Director shall not hold any other office or position or

carry on any business activity in the visual and performing arts sector

without the consent in writing of the Board of Governors.

(5) The Director shall be responsible for ensuring the

execution of the policies and decisions of the governing bodies of the

Academy.

(6) The Director shall have the power to summon the Board of

Studies.

(7) The Director shall confer awards and distinctions of the

Academy.

(8) The Director shall ensure that, insofar as it depends on

him, the governing bodies are regularly constituted and that their

work is planned and coordinated, ensuring that they meet regularly as

established by this Order and that the decisions of the governing

bodies of the Academy are executed.

(9) The Director shall provide for the organisation of such

elections required by this Order, including that they actually be held

in the manner provided and without undue delay.

(10) The Director shall ensure that the operations of the

Academy shall follow a performance agreement of the Academy

which is to be agreed to between the Permanent Secretary and the

Academy and for this purpose article 40 of the Public Administration

Act shall mutatis mutandis apply.

(11) The Director shall give effect, as soon as practicable, to

any written request, not inconsistent with any provision of this Order,

which the Minister may make in relation to the policy to be followed

by him in the discharge of his functions, and in relation to any matter

which appears to the Minister to affect the Academy and any of its

branches.

(12) The Director shall provide the Board with regular reports

on the performance and finances of the Academy.

(13) The functions of the Director shall include the overall

responsibility for all aspects of the Academy and any of the branches

of the Academy in Malta or Gozo.

(14) Without prejudice to the provisions of this Order, the

Director shall undertake any other function as directed by the Board

of Governors.

(1)

Heads of Institute shall, under the direction of the Heads of

Director, be responsible for all matters related to the proper Institute.

functioning of their respective Institute. To such end, they shall

perform such duties as may be requested by the Director according to

the exigencies of the Academy.

(2) Without prejudice to the provisions of this Order, the

Heads of Institute shall perform such functions as are delegated to

them by the Director, including that to act on his behalf as may be

necessary.

(1)

Appointment of all staff with formal and regular Staff

duties shall be made by the Director and confirmed by the Board of appointments

with formal

Governors.

duties.

(2) The appointment of academic staff with formal and regular

duties shall be made in the grades determined by the Board of

Governors, with the approval of the Minister, according to the

qualifications and professional experience of the person being

appointed. Posts may be advertised for appointments within specified

grades.

The proper official dress which the principal officers of the Official dress.

Academy, academic staff, employees, graduates, learners and other

members of the Academy are expected to wear on official occasions

shall be provided in guidelines made by the Board of Governors.

(1)

Awards shall be granted at a public ceremony or, Granting of

with the consent of the Board of Governors, at a private ceremony or awards.

in absentia.

(2) A candidate shall be eligible for an award of the Academy

only after certification by the Director that all the conditions provided

by the relevant guidelines of the Academy have been fulfilled, and

insofar as all other obligations and responsibilities of the candidate

towards the Academy have also been satisfied.

(3) No person may be considered as holding an award of the

Academy unless such award has been conferred as prescribed in sub-

article (1).

(1)

The Academy shall establish, in the manner

required in article 10, and by means of guidelines adopted by the

Board of Governors, branches of the Academy in Malta, Gozo or

overseas.

(2) The Board of Governors shall appoint a Branch Manager

for each of its branches in Malta or Gozo. The Branch Manager shall

be responsible for the administration of the branch to which he is

assigned, shall be answerable to the Director with respect to the

execution of his functions and shall report to the Director as may be

required by the Director.

(3) The Academy’s branches in Malta and Gozo shall be

governed by the Board of Governors established in accordance with

article 9. The Board of Governors, shall involve, as and where

necessary, the Branch Managers in the manner provided in article

9(3), mutatis mutandis.

(4) The Academy shall ensure that the financing, planning,

education and training provision, staff appointments and salaries and

any relevant fees of the branches shall be integrated within one

overarching system applicable to the Academy.

(5) The guidelines referred to sub-article (1) shall establish, in

accordance with this Order, the manner in which the relations

between the respective branch and the Academy shall take place, in

particular with respect to the development of programmes and

courses, the awards given by branches, the external relations of the

branches, appointments of staff in the branches and any other matter

that falls under the responsibility of the Board of Governors and the

Director in relation to the Academy.

(6) The Board of Governors shall make such arrangements for

any of the Academy’s branches overseas which may, with the

approval of the Minister, be exempt from the requirements of sub-

articles (2) to (5) insofar as such branch serves to fulfil the mission of

the Academy as provided in this Order.

Articles 113 to 115 of the Act shall apply to the Academy Officers and

staff.

in relation to staff appointments

Provided that, for the purpose of this Order

(a)

any reference to the Prime Minister in article 114

of the Act shall be construed as reference to the Principal

Permanent Secretary, following the direction of the Prime

Minister;

(b)

in assessing the pensionable emoluments of any

officer detailed for duty with the Academy as provided in article

114 of the Act, for the purposes of any pension entitlement

under the Pensions Ordinance and the Widows’ and Orphans’ Kap. 93

Pensions Act, no account shall be taken of any allowances,

bonuses or gratuities paid to such officer by the Academy in

excess of what he is entitled to as a public officer; and

(c)

during the time in respect of which any officer is

detailed to perform duties with the Academy as provided in

paragraph (b), his terms and conditions of service shall not be

less favourable than those which are attached to his appointment

with the Government during the period aforesaid. Such terms

and conditions shall not be deemed to be less favourable

because they are not in all respects identical or superior to those

enjoyed by the officer concerned at the date of such detailing, if

in the opinion of the Prime Minister such terms and conditions,

taken as a whole, offer substantially equivalent or greater

benefits.

In accordance with the provisions of article 130 of the Act, Persons

the members of the Board of Governors and any officer or employee considered

public officers.

of the Academy, shall be considered and be treated as public officers Cap. 9.

for the purposes of the Criminal Code.

(1)

Articles 116 to 124 of the Act shall apply to the Financial

provisions.

Academy in relation to the financial matters of the Academy.

(2) The Academy shall be governed by the provisions of the

Financial Administration and Audit Act, unless otherwise stated in Cap. 174.

the Academy’s performance agreement entered into by the Permanent

Secretary and the Academy in terms of article 16(10), in which case

the provisions of the said performance agreement shall prevail.

In accordance with the provisions of article 126 of the Act, Fees and

the Minister, upon being so advised by the Board of Governors, may: stipends.

(a)

prescribe by regulations the fees to be charged for

examinations and special courses and the fees to be paid by

students who are not Maltese citizens;

(b)

exempt any person from the payment of such fees;

and

(c)

determine rates of maintenance grants or stipends

payable to learners within the Academy and impose conditions

for the payment of such.

(1)

Article 134 of the Act shall apply to the Academy’s

relations with the Minister.

(2) Save as otherwise provided in the Act or in this Order, the

Academy shall be under the general direction of the Minister and,

subject to such direction, under the supervision of the Permanent

Secretary.

(3) The Minister may, in relation to matters that appear to him

to affect the public interest, from time to time give to the Academy

directions in writing of a general character not inconsistent with the

provisions of the Act or of this Order, on the policy to be followed by

the Academy in the carrying out of its functions, by or under the Act

and this Order, and the Academy shall, as soon as possible, give effect

to all such directions.

(4) Any guidelines made by the Academy as provided in this

Order require approval by the Minister for these to come into effect.

(5) Save as otherwise provided in the Act or this Order, article

38 of the Public Administration Act shall mutatis mutandis apply to

the Academy.

(6) The Minister may establish an Advisory Board to assist the

Director in the manner provided under article 42 of the Public

Administration Act.

(1)

The property and undertakings owned by the

Government and used by it immediately before the date of the coming

into force of this Order, where used by it for the operation of any of

the functions which by this Order are being transferred to or vested in

the Academy shall, on the date aforesaid, by virtue of this Order and

without further assurance, be transferred to and be vested in the

Academy under the same title by which they were held by the

Government immediately before the said date. The provisions of this

article shall not apply to immovable property.

(2) The use and administration of the immovable assets from

time to time specified in an order made by the President of Malta and

published in the Gazette (hereinafter referred to as "the immovable

assets") being immovable assets which, immediately before the

coming into force of this Order, were owned by the Government and

used by it for the exercise of any of the functions which by this Act

are being transferred to or vested in the Academy, shall, with effect

from such day as may be specified in any such Order and by virtue of

this Order and without any further assurance, be transferred to and

vested in the Academy under the same title by which they were held

by the Government before such day.

(3) The transfer and vesting aforesaid shall extend to the

whole of such property and undertakings and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparata,

instruments, vehicles, craft, buildings, structures, installations, land,

roads, works, stocks and other property movable or immovable,

assets, powers, rights and privileges and all things necessary or

ancillary thereto which are held or enjoyed in connection therewith or

appertaining thereto, as well as all obligations affecting or relating to

any of the aforesaid property or undertakings or other thing included

therein as aforesaid.

(4) Any transfer of property, whether moveable or immovable,

shall be subject to all those terms and conditions that the President, on

consultation with the Minister, may deem necessary to ensure that

such property is exclusively used for the purposes of the functions of

the Academy or purposes ancillary thereto.

Subject to the provisions of this Order, all laws, rules, Vesting of rights

regulations, orders, judgements, decrees, awards, deeds, bonds, in the Academy.

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Order affecting or relating to any of the properties or

undertakings transferred to the Academy by or under this Order shall

have full force and effect against or in favour of the Academy, and

shall be enforceable freely and effectually, as if, instead of the

Government or governmental authority, the Academy had been

named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

(1)

When anything has been commenced by or under Transitory

the authority of the Government prior to the date of the coming into provisions.

force of this Order, and such thing relates to any of the properties or

undertakings or any right or liability transferred to the Academy by or

under this Order, such thing may be carried on and completed by or as

authorised by the Academy.

(2) Where, immediately before the coming into force of this

Order, any legal proceedings are pending to which the Government is

or is entitled to be a party, and such proceedings are related to any of

the properties or undertakings, or any right or liability transferred by

or under this Act, the Academy shall, as from the date aforesaid, be

substituted in such proceedings for the Government, or shall be made

a party thereto in like manner as the Government could have become

substituted, and such proceedings shall not abate by reason of such

substitution.

(3) The Minister may, by order, make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Academy by this Order and securing and giving full

effect to the transfer of any property or undertaking or any right or

liability to the Academy by this Order and make such orders as may

be necessary to make any powers and duties exercisable by the

Government in relation to any of the transferred property or

undertakings exercisable by or on behalf of the Academy.

€1.62