National Development and Social Fund

L.N. 2 of 2015

PUBLIC ADMINISTRATION ACT

(CAP. 497)

National Development and Social Fund

(Establishment as an Agency) Order, 2015

IN exercise of the powers conferred by article 36(1) of the

Public Administration Act, the Prime Minister has made the

following Order:-

(1)

The title of this Order is the National Development Citation and

purpose.

and Social Fund (Establishment as an Agency) Order, 2015.

(2) The purpose of this Order is to implement the provisions of

regulation 13(3) of the Individual Investor Programme of the S.L.188.03

Republic of Malta Regulations wherein it is established that the

National Development and Social Fund shall have a separate legal

personality and may also subsequently be established as a foundation,

a trust or in the form of another legal person as may be determined by

the Minister responsible for matters relating to Maltese citizenship.

(3) The Minister, as the Minister responsible for Home Affairs

and National Security has determined, in terms of the powers

conferred by the said regulation 13(3) of the Individual Investor S.L.188.03

Programme of the Republic of Malta Regulations, to establish the

Fund in the form of a Government Agency.

In this Order, unless the context otherwise requires

Interpretation.

"Act" means the Public Administration Act;

"Agency" means the National Development and Social Fund

Agency established by this Order;

"Agency Performance Agreement" means the Agreement as

provided in article 8;

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

Fund as established by the founding regulation;

"founding regulation" means regulation 13 of the Individual S.L.188.03

Investor Programme of the Republic of Malta Regulations;

"Fund" means the National Development and Social Fund

established by the founding regulation;

"Minister" means the Minister responsible for European Union

funds and programmes;

"Permanent Secretary" means the Permanent Secretary in the

Ministry responsible for European Union funds and programmes;

"programme" means the individual investor programme of the

Republic of Malta established under the Maltese Citizenship Act and

under the Individual Investor Programme of the Republic of Malta

Regulations.

There is hereby established in terms of, and subject to, the

Act and the founding regulation an Agency to be known as the

National Development and Social Fund Agency.

In the carrying out of its functions and duties, the Agency

shall receive, from the Identity Malta Agency, such percentage of the

amounts of money payable to the Fund from the revenue received

from the programme and use and administer those amounts for the

purposes stipulated in the founding regulation, including, but without

prejudice to the generality of the foregoing

(a)

to contribute to major projects of national

importance;

(b)

to assist in projects and initiatives in the public

interest, by inter alia promoting and supporting the

advancement of education, research, innovation, justice and the

rule of law, employment and public health;

(c)

to contribute to the development of better public

services;

(d)

to support enterprise and business in improving its

competitiveness;

(e)

to promote research and development in matters

conducive to the public interest;

(f)

to help stakeholders to deliver social, employment

and educational projects;

(g)

to foster initiatives that support reforms and better

governance;

(h)

to support measures for the improvement of the

fairness and efficiency of justice;

(i)

to foster initiatives encouraging gender equality,

prevention of discrimination, and respect for human rights;

(j)

to assist initiatives to provide for the social housing

needs of the population and to combat social exclusion;

(k)

to sponsor initiatives for the improvement of

health, health care and care for the elderly; and

(l)

to undertake initiatives for the benefit of future

generations.

(1)

The administrative head of the Agency shall be its Administrative

Chief Executive Officer who shall be legally responsible for the head

Agency.

administration of the Agency.

(2) The Chief Executive Officer shall have the legal and

judicial representation of the Agency in any matter concerning the

business of the Agency including any matter concerning the Fund, in

which latter case he shall act under the direction of the Board of

Governors.

(3) Articles 38 and 39 of the Act shall not apply to the Agency.

(4) The Chief Executive Officer shall be deemed to be the

head of the Agency for all intents and purposes of the Act and of any

other law as may, from time to time, regulate the relationship between

the Minister and, or the public service and government entities or

agencies.

(1)

The Board of Governors of the Fund shall be Board of

established, nominated and composed as provided in the founding Governors

the Fund.

regulation and shall not be under the direction or control of the Chief

Executive Officer or of any other person with regard to the manner in

which the Fund is to be administered, the projects or other initiatives

in which the Fund is to be involved and the manner and extent of such

involvement.

(2) The Board of Governors of the Fund shall abide by the

provisions of the founding regulation and shall ensure the highest

level of governance of the Fund in accordance with the founding

regulation.

(3) The Board of Governors of the Fund shall ensure that all

accountability and transparency obligations resulting from the

founding regulation are strictly adhered to.

(1)

There shall be an Advisory Board of the Agency

which shall consist of four members appointed by the Minister for

such time and, or for such specific tasks or assignments as the

Minister may, in the instrument of their appointment, direct.

(2) The Advisory Board shall be chaired by the Chief

Executive Officer and shall be subject to the provisions of article 42

of the Act.

(1)

Without prejudice to the provisions of the founding

regulation and to article 41 of the Act, the Agency shall operate under

those financial arrangements as may from time to time be specified in

the Agency Performance Agreement to be concluded between the

Chief Executive Officer, with the concurrence of the Board of

Governors of the Fund, and the Permanent Secretary in terms of

article 40 of the Act.

(2) The Agency Performance Agreement shall, without

prejudice to the independence of the Board of Governors as provided

in article 6, also regulate the relationship, the communication,

consultation and reporting lines to be established between the Agency

and the Government.

In the Fourth Schedule to the Public Administration Act,

immediately after the Agency "National Agency for Examinations"

there shall be added the following

Agency

Agency Function

"National

To implement the functions of the

Development and

National Development and Social

Social Fund

Fund

established

under

the

Agency

Individual Investor Programme of

the Republic of Malta Regulations

(S.L. 188.03).".

€0.36