Creativity Trust Order, 2013

MALTA COUNCIL FOR CULTURE AND THE ARTS ACT

(CAP. 444)

Creativity Trust Order, 2013

IN EXERCISE of the powers conferred by article 33 of the

Malta Council for Culture and the Arts Act, the Minister for Tourism,

Culture and the Environment has made the following order:-

The title of this order is the Creativity Trust Order, 2013.

There is hereby established a trust to be known as the

Creativity Trust, hereinafter referred to as "the Trust", which trust shall

(a)

be established for charitable purposes as defined in

the Trusts and Trustees Act; and

(b)

be an entity falling under the supervision and

control of the Ministry responsible for culture in the same

manner and to the same extent as though it were established by

the said Ministry; and

(c)

to which the provisions of the Trust and Trustees

Act and any regulations made thereunder, including the

Creativity Trust (Exemption) Regulations, shall apply.

The Trust shall be able to receive any settlements and

donations of any type and in any manner, whether inter vivos or causa

The trustees of the Trust shall be the Board of Trustees

composed as set out in article 5, hereinafter referred to as "the

The Board of Trustees shall be composed of not

less than three and not more than seven members of the following

(a)

the Permanent Secretary of the Ministry responsible

for finance, ex officio;

(b)

a person appointed by the Governor of the Central

Bank of Malta;

(c)

a representative of Higher Education institutions

appointed by the Minister responsible for education;

(d)

the Permanent Secretary of the Ministry responsible

for culture, ex officio;

(e)

the Executive Director of the Malta Council for

Culture and the Arts, ex officio;

(f)

two trustees appointed by the Prime Minister

representing the cultural and creative industries, one of whom

respresenting the interests of Gozo.

(1)

Il-Bord tat-Trustees għandu jkun magħmul minn Kompożizzjoni

mhux inqas minn tliet membri u mhux aktar minn seba’ membri minn tal-Bord

Trustees.

dawn li ġejjin

(a)

is-Segretarju

Permanenti

tal-Ministeru

responsabbli għall-finanzi, ex officio;

(b)

persuna

appuntata

mill-Gvernatur

tal-Bank

Ċentrali ta’ Malta;

rappreżentant ta’ istituzzjonijiet ta’ Edukazzjoni

Ogħla appuntat mill-Ministru responsabbli għall-edukazzjoni;

(d)

is-Segretarju Permanenti tal-Ministeru responsab-

bli għall-kultura, ex officio;

(e)

il-Direttur Eżekuttiv tal-Kunsill Malti għall-

Kultura u l-Arti, ex officio;

żewġ trustees maħtura mill-Prim Ministru biex

(f)

jirrappreżentaw l-industriji tal-kultura u tal-kreattività, u li

wieħed minnhom jirrappreżenta l-interessi ta’ Għawdex.

Any bank account in which any of the funds of the Trust are Bank accounts.

deposited shall be held in the name of the Trust

Provided that

(a)

all instructions in connection with the operation of

such an account shall be signed by at least two Trustees, and

(b)

the Trustees may from time to time appoint any one

or more persons (who need not necessarily be Trustees) to act as

signatories in respect of the said bank account with such powers

and subject to such terms, conditions and limitations as the

Trustees shall deem appropriate.

The Trust shall be funded by

Funding of

Trust.

(a)

a direct fund by Government; or

(b)

donations made by persons, whether natural or

legal.

(1)

The Trustees shall have the power to create and Power of

establish rules and procedures applicable to the Trust and the way in Trustees.

which it is administered and granted. Such rules shall be regularly

published in the Gazette.

(2) The Trustees shall have the power to appoint an

administrative committee and any such committees as it may deem fit

to assist it in the purpose of administering the grant of funding

opportunities under the Trust.

The Trust shall be established to fund the cultural and Beneficiaries of

the Trust.

creative industries through

(a)

investment schemes;

(b)

national funding schemes;

(c)

capital projects; and

(d)

funding structures,

where all of the above administer their funds independently of each

other and of the Trust, and are regulated by rules and procedures

separate to those applicable to the Trust and are independent of it.

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