Public Service Commission General Regulations, 2015

L.N. 332 of 2015

CONSTITUTION OF MALTA

Public Service Commission General Regulations, 2015

IN EXERCISE of the powers conferred by article 121 of the

Constitution of Malta, the Public Service Commission has, with the

consent of the Prime Minister, made the following regulations:-

Part I - Preliminary

(1) The title of these regulations is Public Service

Commission General Regulations, 2015.

(2) These regulations shall come into force on the 1st February

2016.

(1)

In these regulations, unless the context otherwise

requires

"Appointments Regulations" means the

Public

Service

Commission Appointments Regulations, 2015;

"Chairperson" means the Chairperson of the Commission and

includes the Deputy Chairperson when acting as Chairperson in

instances when the Chairperson is unable to perform the functions of

his office;

"Commission" means the Public Service Commission as

constituted under article 109 of the Constitution;

"Constitution" means the Constitution of Malta;

"Disciplinary Regulations" means any regulations on discipline

in the public service issued under the Constitution;

"Executive Secretary" means the Executive Secretary of the

Commission;

"head of department" means an officer to whom article 92(4) of

the Constitution and article 10 of the Public Administration Act refer;

"member" means any member of the Commission including the

Chairperson, the Deputy Chairperson, and a temporary member;

"Principal Permanent Secretary" means the person appointed in

terms of article 14 of the Public Administration Act;

"public officer" means a public officer as defined by article 124

of the Constitution, but shall not, for the purposes of these

regulations, include judges or magistrates;

"public service" has the meaning assigned to it by article 124 of

the Constitution;

"recommendation" means, with respect to the Commission, a

recommendation under article 110(1) of the Constitution.

Part II - Functions of the Commission

In the execution of its functions the Commission shall

Guiding

principles.

(a)

seek to maintain a high standard of competence,

efficiency and integrity in the public service; and

(b) uphold the principles of justice, fairness, merit,

equality of opportunity, impartiality, and freedom from

discrimination, patronage or favouritism.

(1) Saving its other powers under any other law, the Powers of

Commission shall have the same powers to summon witnesses, to inquiry.

administer oaths, to require persons to give evidence, and to require

the production of documents as are enjoyed by a Board of Inquiry

under the Inquiries Act.

(2) Any person who, when summoned to appear before the

Commission, refuses or without sufficient cause fails to attend at the

time and place mentioned in the summons, or refuses, without

sufficient cause, to answer or to answer fully and satisfactorily, to the

best of his knowledge and belief, all questions put to him by or with

the concurrence of the Commission, or refuses or fails, without

sufficient cause, to produce any document he was required to produce

by or with the concurrence of the Commission, shall be liable on

conviction to a fine (multa) not exceeding one thousand and one

hundred and sixty-four euro and sixty-nine cents (€1,164.69) or to

imprisonment not exceeding three months, or to both such fine and

imprisonment

Provided that, without prejudice to the generality of sub-

regulation (1), no person giving evidence before the Commission may

be compelled to incriminate himself, and every such person shall, in

respect of any evidence given by him before the Commission, be

entitled to the same privileges to which a witness giving evidence

before a court of law is entitled.

(1) The Commission shall submit to the Prime Minister

a report on its activities during each calendar year.

(2) The Commission may at any time, at its discretion, publish

reports on any matter pertaining to its responsibilities under the

Constitution, the Appointments Regulations and the Disciplinary

Regulations, as well as reports of inquiries undertaken by it, together

with its remarks on any matter connected therewith or incidental

thereto.

Part III - Proceedings of the Commission

Subject to the provisions of the Constitution and any

regulations made thereunder, the Commission may appoint sub-

committees and, in general, shall regulate its own proceedings.

The Commission may by resolution delegate to the

Chairperson or any other member or members any of the powers or

duties of the Commission except the taking of decisions concerning

dismissal following disciplinary action or the termination or

revocation of appointments in the public service for any other reason.

(1) Every meeting of the Commission shall be presided

over by the Chairperson or, in his absence, by the Deputy

Chairperson.

(2) Meetings of the Commission shall be convened by the

Chairperson as necessary or at the request of at least two other

members.

(3) A record shall be kept of the members present and of the

business transacted and decisions made at every meeting of the

Commission, including decisions made under regulation 9.

Decisions may be made by the Commission without a

meeting, by circulation of the relevant papers among the members

and the expression of their views in writing or through electronic

means, but any member shall be entitled to require that any such

decision be deferred until the subject matter can be considered at a

meeting of the Commission.

(1) The Chairperson and two other members shall

constitute a quorum for a meeting of the Commission and a like

number of members shall be required for a decision of the

Commission that is arrived at as the result of the circulation of papers.

(2) Any question proposed for decision at any meeting of the

Commission shall be determined in accordance with the provisions of

article 121(3) of the Constitution.

(3) Any member shall be entitled to dissent from a decision of

the Commission and to have his dissent and his reasons therefor set

out in the records of the Commission.

(1) Recommendations by the Commission shall be Signature of

recommenda-

signed jointly by -

tions.

(a)

the Chairperson or such other member as may be

delegated by the Commission under regulation 7; and

(b)

the Executive Secretary.

(2) Sub-regulation (1) shall not apply to the submission of

recommendations by electronic means, with respect to which the

Commission may make such arrangements as it considers

appropriate.

Part IV - Provisions relating to judicial proceedings

involving the Commission

Every member of the Commission shall have such and the Members’

like protection and privilege in case of any action or suit brought privilege.

against him for any act done or omitted to be done in the bona fide

execution of his duties as is by law given to the acts done or words

spoken by a judge of the Superior Courts in Malta in the exercise of

his judicial function.

Any report, statement or other communication or record of Production in

any meeting, inquiry or proceedings which the Commission may court

documents held

make in the exercise of its functions or any member may make in the by

Commission.

performance of his duties, shall be privileged in that its production

may not be compelled in any legal proceedings unless the

Chairperson, acting in his discretion after consultation with the

members, certifies that such production is not against the public

interest.

The Executive Secretary shall be vested with the legal and Executive

Secretary to

judicial representation of the Commission.

represent the

Commission in

judicial

Part V - The Office of the Commission

proceedings.

(1) The Prime Minister shall appoint an Executive Appointment

Secretary to the Commission, and such other staff as he may from and

Executive

time to time think necessary. The Executive Secretary and other Secretary.

members of the staff of the Commission shall be employed on such

terms of service as the Prime Minister may direct.

(2) The Executive Secretary, who shall be a head of

department, shall be responsible for the proper and efficient running

of the Office of the Commission.

(3) The Chairperson shall assign to the Executive Secretary

any duty relating to the work of the Commission in addition to the

duties under sub-regulation (2) and article 18 of the Public

Administration Act.

(4) Any communication issued or declaration made by the

Executive Secretary on behalf of the Commission shall be taken as a

statement of the views of the Commission, unless the contrary is

proved.

(5) Subject to articles 92 and 110 of the Constitution, the

Chairperson may, in the absence of the Executive Secretary, designate

a public officer attached to the Office of the Commission to act for the

Executive Secretary

Provided that when the office of Executive Secretary

becomes vacant, the Chairperson shall request the Prime Minister to

appoint a suitable officer in terms of sub-regulation (1).

€0.45