476 tal-2014 - Regolamenti tal-2014 dwar ŻFIN Malta

L.N. 476 of 2014

MALTA COUNCIL FOR CULTURE AND THE ARTS ACT

(Cap. 444)

ŻFIN Malta Regulations, 2014

BY VIRTUE of the powers conferred by article 33 of the Malta

Council for Culture and the Arts, the Minister for Justice, Culture and

Local Government has made the following regulations:-

The title of these regulations is the ŻFIN Malta Citation.

Regulations 2014.

In these regulations, unless the context otherwise requires

Definitions.

"Agency" means ŻFIN Malta as set up by regulation 3;

"Board" means the Board of Directors as established by

regulation 4;

''Contractor'' means a person acting in pursuance of an

agreement entered into with the Agency or in accordance with

regulation 5(3);

"Council" means the Malta Council for Culture and the Arts as Cap. 444.

established by the Malta Council for Culture and the Arts Act;

"European Union" has the same meaning as is assigned to it by Cap. 460.

the European Union Act;

"Minister" means the Minister responsible for Culture.

(1)

There shall be established an Agency, to be known Establishment

as ŻFIN Malta to be responsible for the establishment and of Agency.

development of a dance ensemble.

(2) The Agency shall be a body corporate having a distinct

legal personality and capable of entering into contracts, of acquiring

and disposing of property of any kind for the purposes of its functions

under these regulations any other law, of suing and of being sued, and

of doing all such things and entering into all transactions as are

incidental to or conducive to the exercise or performance of its

functions aforesaid.

(3) The Agency shall be composed of the Chairperson

appointed under regulation 4(3) and the Board established under

regulation 4(2), and any other department necessary for the fulfilment

of the powers and functions as outlined in these regulations.

(4) The Agency shall have the power to formulate its own

rules and administrative procedures.

(5) The Agency shall have the power to engage any individual

meeting the professional skills required to deliver the agencies artistic

programme in the best manner possible.

(6) The Agency will achieve its objective through the

performance, amongst others of these functions

(a)

to engage an ensemble of high quality Maltese and

International artists in developing and delivering a repertoire of

dance performances on a national and international level;

(b)

reflect cross cultural dialogue and collaboration

within a dance ambit;

(c)

support the position of Malta as a cultural hub of

contemporary dance in Europe and the Mediterranean;

(d)

support the establishment of Malta’s role as an

international partner in the cultural and creative sectors;

(e)

provide employment opportunities in dance,

particularly to a community of young Maltese artists through

professional practice, community development, training,

outreach and arts management;

(f)

develop collaborative partnerships between artists

and creative practitioners from other sectors of the creative

industries both on a national and international level;

(g)

develop audiences by presenting high quality dance

related performances and projects in an inclusive and accessible

manner.

(7)

In fulfilling its functions, the Agency shall have the power

(a)

with the consent of the Minister, take part in the

formation of a company, or enter into joint ventures or

partnerships for the purpose of fulfilling any of its functions;

(b)

collaborate with Local Councils, non-governmental

organisations and other persons for the carrying out of its

functions;

(c)

deal, negotiate and enter into agreements of a

permanent or temporary nature with any public body, public

authority, government department, public corporation, local

council, or private entity or person in fulfilling its functions;

(d)

appoint, in writing, a person or persons for a

specified duration to render services of any nature. The person

so appointed in pursuance of this paragraph shall discharge any

specific duties and function as may be assigned to him under

this paragraph and by the Agency in the letter of appointment.

(1)

The Board shall consist of a Chairperson and Composition of

the Board.

another four voting members.

(2) The members of the Board shall be appointed by the

Minister from a list of persons who appear to such Minister to have

experience and show ability in matters relating to the sector.

(3) The Minister shall designate one of the members of the

Board of Directors as the Chairperson.

(4) Each member of the Board of Directors shall occupy such

post for a term of three years. The members so appointed may be

eligible for re-appointment on the expiration of their term of office.

(5) The Minister may designate any one other member of the

Board as Deputy Chairperson and the member so designated shall

have all the powers and perform all the functions of the Chairperson

during his temporary absence or inability to act as Chairperson, or

while the Chairperson is on vacation, or during any vacancy in the

office of Chairperson

Provided that if the Chairperson’s absence is permanent or

long-lasting, the Minister may appoint any other person as

Chairperson and in such case the foregoing provisions shall apply in

respect of such person.

(6) A person shall not be qualified to hold office as

Chairperson or as any member of the Board if that person

(a)

is a Judge or Magistrate of the courts of justice; or

(b)

is legally interdicted or incapacitated; or

(c)

is convicted of an offence affecting public trust, or

of theft or fraud, or of knowingly receiving property obtained by

theft or fraud or of bribery or of money laundering; or has

otherwise been sentenced to a term of imprisonment for a term

not less than three months;

(d)

is subject to disqualification under article 320 of

the Companies Act;

(e)

has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his functions

Provided that the Minister may waive the

disqualification of a person under this paragraph if such person

declares the interest, and such declaration and waiver are

published in the Gazette.

(7) Subject to the provisions of this regulation, the office of a

member of the Board shall become vacant

(a)

on the expiration of the member’s term of office;

(b)

if any circumstances arise that, if he were not a

member of the Board, would cause him to be disqualified for

appointment as member; or

(c)

if the member resigns or if one of the scenarios

mentioned in sub-regulation (9) materialise;

(8) The Chairperson or any other member of the Board may be

relieved from office by the Minister prior to the expiry of his term of

office where, in the opinion of the Minister, he has been guilty of

misconduct or on ground of inability to continue to perform the

functions of office, due to infirmity of mind or of body, of

misbehaviour, or any other reasonable cause.

(9) If the office of a member of the Board is vacant, or if a

Board member is for any reason unable to perform the functions of

his office, the Minister may appoint a person who is qualified to be

appointed to be a Board member to be a temporary member of the

Board; and any person so appointed shall, subject to the provisions of

sub-regulations (7) and (8), cease to be such a member when a person

has been appointed to fill the vacancy or, as the case may be, when

the member who was unable to perform the functions of his office

resumes those functions.

(10) (a)

The Board may act notwithstanding any vacancy

among its members: provided a quorum is present at each meeting.

(b)

(i)

The quorum at all meetings of the Board shall

not be less than three voting members.

(ii) In the absence of the Chairperson at any

meeting of the Board, the Deputy Chairperson shall act as

chairperson; in the absence of both the Chairperson and of the Deputy

Chairperson, the members present may select from amongst

themselves a person to act as chairperson at the meeting.

(c)

The decisions of the Board shall be taken by a

majority of the votes of the members present and voting. The

Chairperson presiding at the meeting shall have a second or casting

vote.

(d)

The Board shall hold such number of meetings as

may be necessary for the performance of its functions, and shall meet

not less than once a month. The Chairperson of his own motion or any

two of the voting members may at any time convene a meeting of the

Board.

(11) There shall be paid to the voting members of the Board

such remuneration, if any, as the Minister may from time to time

determine.

(12) The Board shall appoint one of the agency’s officers to act

as Secretary of the Board for such period as it shall deem appropriate.

(13) The Board may regulate its own procedure generally, and,

in particular, regarding the holding of meetings of the Board, the

notice to be given of such meetings, the proceedings thereat, the

keeping of minutes, the custody, production and inspection of such

minutes, and the opening, keeping, closing and audit of accounts.

(14) Any member of the Board shall abide by the Code of

Ethics for Board Directors in the Public Sector issued by the Office of

the Prime Minister. Any member of the Board, shall also sign an

understanding outlining his duties as a Board member, inter alia, the

duty of confidentiality and regulating conflict of interests.

(1) The Board may appoint an Agency Administrator from Appointment of

a list of persons after a call of applications. The Agency Agency

Administrator.

Administrator shall hold office for a period of three years and the

individual occupying the role may be re-appointed for one further

consecutive term. If the individual is so re-appointed for one further

consecutive term, the individual occupying the role may not be re-

appointed for a further consecutive term until the lapse of six

consecutive years, in which the present mechanism shall start to run

anew.

(2) The executive conduct of the Agency, its administration

and organisation and the administrative control of its officers and

employees, shall be the responsibility of the Agency Administrator

who shall also have such other powers as may from time to time be

delegated to him by the Agency.

(3) Subject to the provisions of subregulation (2) the Agency

may exercise its functions through any of its officers or employees or

through an entity or agency authorised for the purpose, or through a

contractor or other person with whom an agreement for the

performance of any one or more of such functions has been entered

into.

(4) The Agency Administrator may attend the meetings of the

Board but shall not have a vote at such meetings

Provided that the agency may, if it deems so fit, require the

Agency Administrator not to attend any of the meetings or any part of

a meeting.

(5) The Agency Administrator shall, upon taking office, sign

an understanding outlining his duties of confidentiality and conflict of

interests, which shall regulate his term.

(6) The Agency Administrator may be relieved from office by

the Board, upon consultation with the Minister, prior to the expiry of

his term of office where, in the opinion of the Board, he has been

guilty of misconduct or on ground of inability to continue to perform

the functions of office, due to infirmity of mind or of body, of

misbehaviour, or any other reasonable cause.

(1) The Board shall appoint an Artistic Director from a list

of persons after a call for applications. The Artistic Director shall

hold office for a period of three years and the individual occupying

the role may be re-appointed for one further consecutive term. If the

individual is so re-appointed for one further consecutive term, the

individual occupying the role may not be re-appointed for a further

consecutive term until the lapse of six consecutive years, in which the

present mechanism shall start to run anew.

(2) The artistic direction of the Agency together with the

direction of employees engaged in both the artistic and the technical

departments shall be the responsibility of the Artistic Director who

shall also have such other powers as may from time to time be

delegated to him by the Agency.

(3) The Artistic Director shall attend the meetings of the

Board but shall not have a vote at such meetings

Provided that the agency may, if it deems so fit, require the

Artistic Director not to attend any of the meetings or any part of a

meeting.

(4) The Artistic Director shall, upon taking office, sign an

understanding outlining his duties of confidentiality and conflict of

interests, which shall regulate his term.

(5) The Artistic Director may be relieved from office by the

Board, upon consultation with the Minister, prior to the expiry of his

term of office where, in the opinion of the Board, he has been guilty

of misconduct or on ground of inability to continue to perform the

functions of office, due to infirmity of mind or of body, of

misbehaviour, or any other reasonable cause.

(1) The Artistic Director shall, subject to the general Duties of the

direction of the Board, be responsible for the implementation of the Artistic Director

artistic objectives of the Agency in the exercise of its functions by -

(a)

developing strategies addressing the objectives of

the Agency;

(b)

devising and directing an artistic programme that

shall meet the vision and goals of the Agency;

(c)

assuming full responsibility for the management,

coordination and development of the artistic department within

the Agency;

(d)

advise the Agency on any matter it may refer to

him or on any matter which he considers necessary or

expedient;

(e)

perform such other duties as the Agency may be

assigned to him from time to time.

(1)

The legal representation of the Agency shall vest in Legal

representation.

the Chairperson

Provided that the Agency may appoint any one or more of

its members or officers or employees to appear in the name and on

behalf of the Agency in any judicial proceedings and in any act,

contract, instrument or other document whatsoever.

(2) Any document purporting to be an instrument made or

issued by the Agency and signed by the Chairperson or issued by and

signed by the Agency Administrator shall be received in evidence and

shall, until the contrary is proved, be deemed to be an instrument

made or issued by the Agency or the Agency Administrator.

(1)

Subject to the provisions of the Constitution, any

other enactment applicable thereto, and without prejudice to the other

provisions of these regulations, the appointment of employees of the

Agency shall be made by the Agency itself. The terms and conditions

of employment shall be established by the Agency with the

concurrence of the Minister.

(2) The Agency shall appoint and employ, at such

remuneration and upon such terms and conditions as it may

determine, such officers and employees of the Agency as may from

time to time be necessary for the due and efficient discharge of the

functions of the Agency.

(3) In line with the provisions of the Public Administration

Act or with the approval of the Prime Minister, the Agency may

request, after consultation with the Minister, from time to time, that

any public employee shall be detailed for duty with the Agency in

such capacity and with effect from such date as may be specified in

the direction.

(4) Where a public officer is detailed for duty with the agency

such officer shall, during the time in which such direction is in force,

be under the administrative direction and control of the head of the

agency, but shall otherwise remain and retain all rights and duties as a

public officer, and for the purpose of any law relating to government

service pensions, service with any such agency shall be deemed to be

service with the Government

Provided that in assessing the pensionable emoluments of

such officer for the purposes of any law relating to government

service pensions, no account shall be taken of any allowances,

bonuses or gratuities paid to such officer by the agency in excess of

what he is entitled to as a public officer

Provided further that during the time in respect of which he

is so detailed to perform duties with the agency 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.

(5) (a)

For the purposes of calculating pensionable

emoluments, posts and salary grades with the agency shall be

classified in the most nearly corresponding grades and incremental

levels in the services of the Government of Malta by reference to job

descriptions, skills, responsibilities and other analogous factors.

(b)

For the purposes of calculating pensionable

emoluments no post shall be classified in a grade higher than that of a

Grade 3 in the service of Government or such other grade that the

Minister responsible for finance may from time to time, by notice in

the Gazette, determine.

(c)

Without prejudice to any other law, where on the

date of the coming into force of these regulations, arrangements

which should have been made with respect to public officers that have

been detailed in terms of any applicable law have not been finalised,

the Prime Minister may issue regulations with the purpose of

resolving any administrative difficulties that may have arisen between

the time that a public officer has been detailed.

(1)

Without prejudice to the following provisions of ZFIN Malta to

this regulation, the Agency shall so conduct its affairs that so much of meet

expenditure out

the expenditure required for the proper performance of its functions of revenue.

shall, as far as practicable, be met out of its revenue.

(2) For such purpose the Agency shall levy all fees, rates and

other payments prescribed or deemed to be prescribed by or under

these regulations or any other law related to the powers and functions

of the Agency.

(3) The Agency shall also be paid by the Government out of

the Consolidated Fund such sums as the House of Representatives,

may from time to time authorise to be appropriated to meet any of its

expenditure that cannot be met out of its revenue and the costs of

specified works to be continued or otherwise carried out by the

Agency.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister of

Finance, may from time to time give, be applied by the Agency to the

formation of reserve funds to be used for the purposes of the Agency;

and without prejudice to the generality of the powers given to the

Minister by this subregulation, any direction given by the Minister as

aforesaid may order the transfer to the Government, or the application

in such manner as may be specified in the direction, of any part of the

fees, rates and other payments levied in accordance with

subregulation (2) or any such excess as aforesaid.

(5) Any funds of the Agency not immediately required to meet

expenditure may be invested in such manner as may from time to time

be approved by the Minister.

The Minister of Finance may, after consultation with the

Minister, make advances to the Agency of such sums as he may agree

to be required by the Agency for carrying out any of its functions

under these regulations, and may make such advances on such terms

and conditions as he may, after consultation as aforesaid, deem

appropriate. Any such advance may be made by the Minister of

Finance out of the Consolidated Fund, and without further

appropriation other than these regulations, by warrant under his hand

authorising the Accountant General to make such advance.

€0.90