Festivals Malta Agency

L.N. 138 of 2019

ARTS COUNCIL MALTA ACT

(CAP. 542)

Festivals Malta Agency

(Establishment) Order, 2019

IN EXERCISE of the powers conferred by articles 14 and

36(1)(d) of the Arts Council Malta Act, the Minister for Justice,

Culture and Local Government has, in consultation with the Arts

Council Malta, made the following order:-

(1) The title of this order is the Festivals Malta Agency

commencement.

(Establishment) Order, 2019.

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

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

and different dates may be so established for different provisions of

this order.

In this order, unless the context otherwise requires

"Act" means the Arts Council Malta Act;

"Agency" means Festivals Malta Agency as set up by

article 3;

"Board" means the Board as established by article 4;

"Council" means the Arts Council Malta;

"Minister" means the Minister responsible for culture.

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

Festivals Malta Agency, to implement the objectives and perform all

those functions established in this order and to create, maintain,

organise, administer and oversee the organisation and implementation

of a portfolio of national and international cultural and artistic events,

festivals and cultural infrastructural projects.

(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 this order and 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 article 4(3) and of the Board established under article

4(2), and any other unit necessary for the fulfilment of the powers and

functions as outlined in this order.

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

and administrative procedures.

(5) The Agency shall achieve its objective through the

performance, amongst others of the following functions

(a) to provide the right platform to sustain growth and

development of the existing festivals portfolio;

(b) to deliver levels of excellence in the execution of

events and festivals, benchmarked against top international

festivals;

(c) to build on the current portfolio of festivals and

events bringing in new ideas and innovation and further dialling

up audience engagement and participation;

(d) to develop the Festivals portfolio into an ongoing

creative platform for Maltese and international artists and

creative practitioners through the commissioning of new work in

partnership with national and international arts organisations and

festivals and the export of same;

(e) to increase participation locally with more focussed

and effective marketing based on segmentation and outreach

activities;

(f) to develop distinctive strategies for each festival to

engage various audiences and segments of society;

(g) to provide the right tools and enablers to make it

easier to attend festivals and increase participation and audience

engagement;

(h) to work closely with the Maltese travel industry to

grow Malta’s image and brand internationally as an expanding

niche in cultural tourism;

(i) to encourage a national arts and culture calendar,

offering a consolidated program and driving greater synergies,

impact and alignment across public and private cultural

organisations;

(j) to establish a strong network of affiliations with local

and international cultural organisations, which shall also include

regional festival partnerships;

(k) to provide the enablers to fully support events and

festivals in Malta and beyond, through common technology,

communication, marketing and outreach;

(l) to leverage synergies and optimise costs across the

various organisations wherever possible;

(m) to determine further brand recognition for the Agency

product;

(n) to exercise any other function that may be assigned

by the Minister.

(1) The Board shall consist of a Chairperson and not less

than four (4) and not more than ten (10) voting members.

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

Minister.

(3) The Minister shall designate one (1) of the members of the

Board as non-Executive Chairperson.

(4) Each member of the Board shall occupy such post for a

term of three (3) years and the members 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

the Chairperson’s 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

is such so that the functioning of the Board is affected, 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 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 (3) 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 these 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 order, 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 in the eventuality of the

circumstances mentioned in sub-article (9) arising.

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

removed from office by the Minister prior to the expiration 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 as Board member to be a temporary member of the Board;

and any person so appointed shall, subject to the provisions of sub-

articles (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 that a quorum is present at each meeting;

(b) (i) the quorum for all meetings of the Board shall

not be less than half of the voting members plus one (1);

(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 the Deputy

Chairperson, the members present may select from amongst

themselves a person to act as Chairperson during 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(2) of the voting members may at any time convene a meeting of

the Board.

(11) The remuneration paid to members of the Board shall be in

accordance with the applicable directives and guidelines issued by the

Government from time to time.

(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) Every member of the Board shall abide by the Code of

Ethics for Board members 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 Board member, including the

duty of confidentiality and regulating conflicts of interest.

(1) The Board may, with the approval of the Minister,

appoint a Chief Executive Officer after a call for applications is issued

by the Agency or, in the case where no such call is issued, the

provisions of the Public Administration Act insofar as the appointment

of the Chief Executive Officer is concerned shall apply.

(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 Chief Executive Officer

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

delegated to the Chief Executive Officer by the Agency and, without

prejudice to the generality of the foregoing, shall

(a) assume 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) coordinate the work of the units, divisions, and

sections;

(d) develop and implement the necessary strategies for

the attainment of the objectives of Festivals Malta; and

(e) perform such other duties as Festivals Malta advisory

board may assign to him from time to time.

(3) The Chief Executive Officer may attend the meetings of the

Board but shall not have a vote in such meetings

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

Chief Executive Officer not to attend any of the meetings or any part

of a meeting.

(1) The legal and judicial representation of the Agency Legal

representation.

shall vest in the Chief Executive Officer

Provided that the Agency may appoint by means of a

written board resolution 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 Chief Executive Officer 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 Chief

Executive Officer.

(1) Subject to the provisions of the Constitution, any Staff

other enactment applicable thereto, and without prejudice to the other appointment.

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

Provided that all the employees of the Agency shall be

considered as employees of the Agency on the establishment of the

Agency.

(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 effective discharge of the functions of the

Agency, in accordance with Directives issued under the Public

Administration Act.

(3) In accordance 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 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 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) The Agency shall be governed by the provisions of Financial

arrangements.

the Financial Administration and Audit Act.

(2) Without prejudice to the following provisions of this order,

the Agency shall so conduct its affairs that so much of the expenditure

required for the proper performance of its functions shall, as far as

practicable, be met out of its revenue.

(3) 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.

(4) The Agency shall also 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 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.

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

such directives as the Minister, after consultation with the Minister

responsible for 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 sub-article, 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

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.

The rules and provisions contained in Part V of the Act

Other applicable

provisions.

shall, mutatis mutandis, apply to the Agency.

In the Second Schedule of the Act, immediately after

Amends the

Second

paragraph (h) there shall the added the following

Schedule of the

Act.

"(i) Festivals Malta Agency".

€0.81