Local Enforcement System (Establishment as an Agency)

L.N. 153 of 2015

PUBLIC ADMINISTRATION ACT

(CAP. 497)

Local Enforcement System (Establishment as an Agency)

Order, 2015

IN exercise of the powers conferred by article 36 of the Public

Administration Act, the Prime Minister has made the following

Order:-

(1)

The title of this Order is the Local Enforcement Citation and

commencement.

System (Establishment as an Agency) Order, 2015.

(2) The provisions of paragraphs (a), (b), (c), (e), (f) and (g) of

sub-article (1) of article 3 of this Order shall come into force on such

date as the Minister responsible for local government may, by notice

in the Gazette, establish, and different dates may be so established for

different provisions of the said paragraphs of sub-article (1) of article

3 of this Order.

In this Order, unless the context otherwise requires -

Interpretation.

"the Act" means the Public Administration Act;

"Agency" means the Local Enforcement System Agency

established by this Order;

"local enforcement" means the enforcement of any bye-laws and

any other legislation which may be entrusted to local councils or

Regional Committees by delegation or agreement as stipulated in the

Local Councils and Regional Committees (Delegation of S.L. 363.41

Enforcement) Order;

"local enforcement system" means the structural, operational

and administrative set-up required to provide local enforcement

services;

"Minister"

means

the

Minister

responsible

for

local

government;

"Permanent Secretary" means the Permanent Secretary in the

Ministry responsible for local government.

There shall be an Agency, to be known as the Local Establishment

Enforcement System Agency, which shall carry out the functions and of

Enforcement

duties of the public administration in the following matters

System Agency.

(a)

providing for the enforcement of any law,

regulation or bye-law, the enforcement of which has been

delegated to regional committees, local councils or to such other

local or regional authorities as are designated by the Local

Councils Act;

(b)

collecting penalties, including additional penalties

and expenses which may be due to the regional committees or

local councils in terms of the Local Councils Act;

(c)

administering and apportioning between the local

councils constituting the regional committees any net surpluses

resulting from enforcement operations in accordance with a

formula established by agreement following consultations

between the regional committees, the local councils association

and the Minister;

(d)

reviewing the workings of local enforcement;

(e)

ensuring

co-ordination

of

local

enforcement

activities;

(f)

such other matters which are ancillary, incidental

or consequential to the matters stipulated in paragraphs (a) to (e)

as the Minister may from time to time determine; and

(g)

the general regulation of its own procedures,

provided it does not violate the provisions of any other law.

(1)

The Minister responsible for the Agency shall be

the Minister responsible for local government.

(2) The Permanent Secretary in the Ministry responsible for

local government shall supervise the Agency in terms of article 39 of

the Act

Provided that the Prime Minister may assign the

responsibility of the Agency to another Minister and its supervision to

the Permanent Secretary of that ministry.

(1)

The Agency shall, in consultation with the

Minister, establish and re-organise units, divisions and sections as

appropriate in order to exercise its functions.

(2) The operations of the Agency shall follow an Agreement

which is to be agreed upon in writing between the Permanent

Secretary and the Agency.

(1)

Subject to the other provisions of this Order, the Role of the

executive conduct of the Agency, its administration and organisation Chief

Officer.

and the administrative control of its officers and employees, shall be

the responsibility of a Chief Executive, who shall be appointed by the

Minister.

(2) The Chief Executive shall be responsible for the

implementation of the objectives of the Agency in the exercise of its

functions and, without prejudice to the generality of the foregoing, he

shall -

(a)

assume full responsibility for the overall

supervision and control of the units, divisions and sections;

(b)

assign to each unit, division and section such duties

which he considers necessary or expedient;

(c)

co-ordinate the work of the units, divisions and

sections;

(d)

develop the necessary strategies

for

the

implementation of the objectives of the Agency; and

(e)

perform such other duties as the responsible

Minister may assign to him from time to time.

(1)

Public officers deployed with the Agency shall be Deployment of

deemed to be detailed with the Agency in accordance with article 43 public

and recruitment

of the Act.

with the

Agency.

(2) Subject to the provisions of the Act and of any other

legislation, the Agency shall have authority to engage its own

employees.

The Agency shall be governed by the provisions of the Financial

Financial Administration and Audit Act unless otherwise stated in the arrangements.

Agency agreement between the Permanent Secretary and the Agency,

in which case the provisions of the Agency agreement shall prevail.

The operations of the Agency shall follow an Agency Other special

performance agreement which is to be agreed between the Permanent arrangements

applying to the

Secretary and the Agency. The provisions of article 40 of the Act Agency.

shall apply.

(1)

The Minister may establish an Advisory Board to Advisory Board.

assist the Chief Executive Officer in the discharge of his duties.

(2) The Advisory Board established under this article shall be

chaired by the Chief Executive Officer and shall consist of not less

than two and not more than four members appointed by the Minister.

(3) The remuneration paid to members of the Advisory Board

shall be in accordance with the directives and guidelines issued by the

Agency from time to time.

In the Fourth Schedule to the Public Administration Act,

immediately after the Agency "Legal Aid Agency" there shall be

added the following

Agency

Agency Function

"Local

To carry out the functions and duties

Enforcement

relating to the enforcement of any

System Agency

law, regulation or bye-law, the

enforcement of which has been

delegated to regional committees,

local councils or to such other local

or regional authorities as are

designated by the Local Councils

Act.".

€0.36