Court Services (Establishment as an Agency) Order, 2019

L.N. 197 of 2019

PUBLIC ADMINISTRATION ACT

(CAP. 595)

Court Services (Establishment as an Agency) Order, 2019

IN EXERCISE of the powers conferred by article 26(1) of the

Public Administration Act, the Prime Minister has made the following

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

applicability.

(Establishment as an Agency) Order, 2019.

(2) This order shall not be interpreted or construed to effect the

impartiality, the independence or the functions of the Judiciary.

In this order, unless the context otherwise requires –

Interpretation.

"the Act" means the Public Administration Act;

"Agency" means the Court Services Agency established by

means of this order;

"Agency agreement" means the agreement as provided for

in article 9;

"Minister" means the Minister responsible for justice;

"Permanent Secretary" means the Permanent Secretary in

the Ministry responsible for justice.

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

Services Agency, which shall carry out the functions and duties of the of

Services

public administration in the following matters

Agency.

(a) strengthening and ensuring the achievement of the

highest quality of court services;

(b) advising the Minister on the development of court

services and on all other matters concerning the functions of the

agency;

(c) ensuring that, without prejudice to the independence

of the judiciary, the policies adopted by the Minister are

implemented and that the court services provided are in line with

applicable legislation;

(d) developing the necessary strategy to achieve the

policies, strategies and objectives set by Government or by the

Agency and to determine the short term and long term objective

for the performance of the functions of the Agency;

(e) setting up of users’ committees and other committees

in order to evaluate, assess and provide the highest quality of

court services;

(f) providing, or securing or promoting the provision of

such services and facilities as appear to the Agency to be

expedient in the performance of its functions, including the

provision and accessibility of such services and facilities by any

person;

(g) providing or securing or promoting the provision of

training for persons engaged or to be engaged in the court

services and to promote the welfare of such persons;

(h) compiling and keeping up to date records of such data

as it may deem appropriate in connection with its functions;

(i) seeing to the carrying out of the functions and duties

of the Director General (Courts) in accordance with the Code of

Organization and Civil Procedure;

(j) seeing to the carrying out of the functions and duties

of the Director Civil Courts and Tribunals, Director Criminal

Courts, Director Legal Services and Director Finance and

Administration in accordance with the Code of Organization and

Civil Procedure, Criminal Code and other applicable laws;

(k) seeing to the carrying out of the functions and duties

of the Registrar of the Civil Courts and Tribunals and of the

Registrar of the Criminal Courts and all executive officers in

accordance with the Code of Organization and Civil Procedure

and any other applicable law;

(l) assisting the members of the judiciary in the

performance of their duties;

(m) carrying on all such activities not falling within the

function or competence of another person, body or authority

according to law as may appear to the Agency to be

advantageous or convenient to be carried on for or in connection

with the performance of any of the other functions of the

Agency; and

(n) performing any other function or duty and to exercise

any power vested, in it by or pursuant to this order or any other

law.

(1) The Minister responsible for the Agency shall be the Minister

responsible for

Minister responsible for justice.

Agency.

(2) The Permanent Secretary in the Ministry responsible for

justice shall supervise the Agency in terms of article 29 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, Operational set-

establish and re-organise units, divisions and sections as appropriate in up

Agency.

order to exercise its functions.

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

which is to be made in writing between the Permanent Secretary and

the Agency.

(1) Subject to the provisions of this order, the executive Role of the

conduct of the Agency, its administration and organization and the Chief

Officer.

administrative control of its officers and employees, shall be the

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

the Minister.

(2) The Chief Executive Officer 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.

(3)

The legal and judicial representation of the Agency shall

vest in the Chief Executive Officer of the Agency in accordance with

article 27 of the Act.

(1) Public officers deployed with the Agency shall be

deemed to be detailed with the Agency in accordance with article 33 of

the Act.

(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 Administration and Audit Act unless otherwise stated in the

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

performance agreement which is to be agreed between the Permanent

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

apply.

In the Fourth Schedule of the Public Administration Act,

immediately after the item "Correctional Services Agency" there shall

be added the following

Agency

Agency Function

"Court Services Agency

to execute the functions and duties

in relation to the provision of court

services in Malta and in Gozo.".

€0.36