Correctional Services Agency (Establishment) Order, 2019

L.N. 121 of 2019

PUBLIC ADMINISTRATION ACT

(CAP. 595)

Correctional Services Agency (Establishment) Order, 2019

IN EXERCISE of the powers conferred by article 36 of the

Public Administration Act, the Prime Minister has made the following

(1) The title of this order is the Correctional Services Citation and

commencement.

Agency (Establishment) Order, 2019.

(2) This order shall come into force on such date as the

Minister responsible for prisons may by notice in the Gazette establish,

and different dates may be so established for different provisions or

different purposes of this order.

In this order, unless the context otherwise requires

Interpretation.

"the Act" means the Public Administration Act;

"Agency" means the Correctional Services Agency

established by article 3;

"Board of Governance" shall have the same meaning as that

assigned to it by regulation 3 of the Prisons (Board of S.L. 260.06.

Governance) Regulations;

"Chief Executive Officer" shall have the same meaning as

provided by article 4;

"implementation unit" means the unit responsible for

project management and the implementation of initiatives and

innovations;

"Minister" means the Minister responsible for prisons;

"prison" shall have the same meaning assigned to it by

article 2 of the Prisons Act;

"prison officer" shall have the same meaning assigned to it

by article 2 of the Prisons Act.

(1) There shall be established an Agency, to be known as

the Correctional Services Agency hereinafter referred to as "the

Agency".

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

legal personality and shall be capable of entering into contracts, of

employing personnel, of acquiring, holding and disposing of any kind

of property for the purposes of its operations and of suing and being

sued

Provided that and without prejudice to the provisions of

article 39 of the Act, the Minister responsible for prisons shall be

entitled to give directions in writing and the Agency shall be bound to

observe such directives.

(3) The legal and judicial representation of the Agency shall be

vested in the Chief Executive Officer who shall have the overall

responsibility of the running of the Agency.

(4) The Agency shall be subject to the provisions of the Act

and its employees shall uphold and promote public service values and

those specific to the role of the Agency.

(1) There shall be a Chief Executive Officer appointed by

the Minister, who shall have the overall responsibility for the day-to-

day running of the Correctional Services Agency.

(2) The Chief Executive Officer shall report on a regular basis

to the Board of Governance on the day-to-day running of the

Correctional Services Agency and related matters.

(1) The Agency shall enter into an Agency Performance

Agreement with the Minister with a view to determining the funding of

the agency, the targets it is expected to meet, as well as the tasks to be

addressed and achieved.

(2) The Agency Performance Agreement may cover one (1) or

more years and shall be renewable in accordance with such directives

and guidelines as the Principal Permanent Secretary may issue

governing the development of agency performance agreement.

The Board of Governance shall be entrusted with

overseeing the implementation of national legislation and policy

concerning Correctional Services, as well as to oversee the policy and

strategy for the running of the Correctional Services.

(1) There shall be established a Unit within the Appointment

Correctional Services Agency to be known as the "Implementation and

the

Unit".

Implementation

Unit.

(2) The Head of the Implementation Unit shall be appointed by

the Minister for a period of three (3) years.

(3)

The Head of the Implementation Unit shall

(a) ensure that policies set by the Board of Governance

are being implemented;

(b) implement projects

and

programmes

for

the

embellishment of the facilities;

(c) assume responsibility for project management,

including EU funding initiatives, and the implementation of

initiatives and innovations;

(d) report on progress achieved to the Board of

Governance; and,

(e) implement other initiatives as directed by the

Minister.

(1) The Agency shall draw up yearly estimates for each Finances.

financial year and submit them for consideration of the Minister in

accordance with norms and practices established by the Minister

responsible for finance.

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

Consolidated Fund such sums as the House may from time to time

authorise to be appropriated to meet the cost of its operational and

capital expenditure identified in its financial business plan.

(3) In the conduct of its affairs, the Agency may levy fees for

services rendered by it which shall as far as possible, be used for the

on-going upkeep and maintenance of the centres under its

responsibility.

(4) The Minister may, after consultation with the Minister

responsible for finance give such directives with a view to applying

any excess of revenue over expenditure to the formation of reserve

funds to be used for the purposes of the Agency.

(5) Without prejudice to the generality of the powers given by

the Minister under sub-article (4), any directive given by the Minister

may order the transfer to the Government, or the application in such

manner as may be specified in the directive, of any part of the fees,

rates and other payments levied in accordance with sub-article (3) or

any such excess as aforesaid.

(6) 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 with the concurrence of the Minister

responsible for finance.

(1) The Agency shall keep proper books of account and

other records in respect of its operations and shall cause to be prepared

a statement of accounts in respect to each financial year.

(2) Such accounts shall be audited by an auditor or auditors

appointed for this purpose by the Agency with the concurrence of the

Minister responsible for finance and the Minister

Provided that the Minister responsible for finance, may

after consultation with the Minister, require moreover that the books

and accounts of the Agency be audited or examined by the Auditor

General who shall for this purpose have the powers to carry out such

physical checking and any other certifications as he may deem

necessary.

(1) The Agency shall, not later than six (6) weeks after

the end of each financial year, present to the Minister a report dealing

generally with the activities of the Agency during that financial year

and containing an audited statement of accounts together with such

information relating to the proceedings and workings of the Agency to

fulfil its functions and future plans.

(2) The report mentioned in sub-article (1) shall be laid on the

Table of the House by the Minister not later than six (6) weeks after its

receipt, or where the said House is during the period not in session, not

later than the second week after the House resumes its sittings.

(1) Without prejudice to the other provisions of this

order, the appointment of officers and other employees of the Agency

shall be made by the Agency. The terms and conditions of employment

shall be established by the Agency with the concurrence of the

Minister in accordance with the provisions of the Public

Administration Act, the Prisons Act and any subsidiary legislation

made thereunder.

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

remuneration and upon such terms and conditions as it may in

accordance with sub-article (1) determine, such officers and

employees of the Agency as may be necessary for the due and efficient

discharge of the function of the Agency in compliance with established

Government procedures

Provided that all employees having an employment

contract with the Department of Correctional Services on the date of

the coming into force of this order will be taken over by the Agency in

terms of article 38 of the Employment and Industrial Relations Act and Cap. 452.

become employees of the Agency.

(1) The Prime Minister may at the request of the Agency Detailing of

from time to time direct that any public officer shall be detailed for public officers.

duty with the Agency in such capacity and with effect from such date

as may be specified in the said direction

Provided that, the Prime Minister may at any time revoke

such direction.

(2) Where any 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

Agency but shall otherwise remain, and retain all rights and duties as,

a public officer, and for the purposes of any law relating to

Government service pensions, service with the Agency shall be

deemed to be service with the Government.

(3) Any public officer serving in the Agency on the date of the

coming into force of this order shall from such date be deemed to have

been detailed by direction of the Prime Minister for duty with the

Agency as a Government agency under the provisions of article 11,

and thereupon the provisions of the same article shall apply to such

officer who shall continue to be detailed for duty as aforesaid until

such time as the Prime Minister may revoke such direction as provided

in sub-article (1)

Provided that where the Prime Minister revokes any

direction as aforesaid the officer in whose respect the direction is

revoked shall retain such grade in the public service which he held

immediately before being detailed for duty with the Agency as a

Government agency by virtue of this order or shall occupy such other

higher grade which he would have occupied had he not been detailed

as aforesaid.

(1) When anything has been commenced by or under the Transitory

authority of the Government prior to the date of the coming into force provisions.

of this order, and such thing relates to any of the properties or

undertakings or any right or liability transferred to the Agency by or

under this order, such thing may be carried on and completed by or as

authorised by the Agency.

(2) Where, immediately before the coming into force of this

order, any legal proceedings are pending to which the Government is

or is entitled to be a party, and such proceedings are related to any of

the properties or undertakings, or any right or obligation or liability

transferred by or under this order to the Agency, the Agency shall, as

from the aforesaid date, be substituted in such proceedings for the

Government, or shall be made a party thereto in like manner as the

Government could have become, and such proceedings shall not be

abated by reason of the substitution.

(1) The Board of Governance shall retain all its functions

under the Prisons Act and assume new functions as determined by the

present legislation.

(2) The Chief Executive Officer shall assume all the

responsibilities of the Director, provided that certain initiatives as

identified in the present legislation shall be subsumed by the

Implementation Unit.

(3) The Agency shall assume all the responsibilities,

obligations and functions of the Corradino Correctional Facility and

the Department in the Prisons Act, and shall be bound by all provisions

of the Prisons Act and any subsidiary legislation made thereunder.

(1) Any reference in any other law to "Director",

meaning the Director responsible for Prisons or Corradino

Correctional Facility and "Director of Correctional Services" shall be

read and construed, after the coming into force of this order, as a

reference to the Chief Executive Officer.

(2) Any reference in any other law to "Prison" or

"Department", meaning the Department responsible for the

Correctional Facility, shall be read and construed, after the coming

into force of this order, as a reference to the "Correctional Services

Agency".

In the Fourth Schedule to the Public Administration Act,

immediately after "Aġenzija Żgħażagħ" there shall be added the

following

"Correctional Services To oversee the implementation of national

Agency

legislation

and

policy

concerning

Correctional Services, as well as to oversee

the policy and strategy for the running of the

Correctional Services".

€0.54