National Productivity Board Regulations, 2019

L.N. 275 of 2019

MALTA COUNCIL FOR ECONOMIC AND SOCIAL

DEVELOPMENT ACT

(CAP. 431)

National Productivity Board Regulations, 2019

IN EXERCISE of the powers conferred by article 15 of the Malta

Council for Economic and Social Development Act, the Minister for

European Affairs and Equality, in conjunction with the Parliamentary

Secretary for European Funds and Social Dialogue, has made the

following regulations:-

The title of these regulations is the National Productivity Title.

Board Regulations, 2019.

(1) The scope of these regulations is to establish a Scope.

National Productivity Board, in line with the Council

Recommendation of 20 September 2016 on the establishment of

National Productivity Boards of the Council of the European Union

(2016/C 349/01).

(2) Save as otherwise provided in these regulations and the

Act, the Council Recommendation shall always be considered for the

purposes of anything related to the Board, including the appointment

of its members, its modus operandi and its objectives.

(1) For the purposes of these regulations unless the Interpretation.

context otherwise requires

"the Act" means the Malta Council for Economic and Social Cap. 431.

Development Act;

"Board" means the National Productivity Board established in

accordance with regulation 4;

"Council" means the Malta Council for Economic and Social

Development established by virtue of article 3 of the Act;

"Council Recommendation" means the Council Recommendation

of 20 September 2016 on the establishment of National Productivity

Boards of the Council of the European Union as in force from time to

time (2016/C 349/01);

"Minister" means the Minister responsible for social dialogue.

(2)

Save as otherwise provided in these regulations, the

definitions provided for in the Act shall apply to these regulations.

(1) There shall be established a board, to be known as the

National Productivity Board, in accordance with the provisions of

these regulations.

(2) The Board shall act in accordance with the provisions of

these regulations

Provided that in so acting the Board shall, at all times,

consider the fulfilment of the objectives of the Council

Recommendation

Provided further that should these regulations fail to

provide for anything referred in the Council Recommendation in

relation to national productivity boards, the Board shall resolve any

lacuna relating to its activity by making reference to the Council

Recommendation.

(1) The objectives of the Board shall include the

fulfilment of the objectives of the Council Recommendation, as well

as the diagnosis and analysis of productivity and competitiveness

developments in Malta

Provided that such analysis should take into account euro

area and European Union aspects and address the long-term drivers

and enablers of productivity and competitiveness, including

innovation, and the capacity to attract investment, businesses and

human capital, and to address cost and non-cost factors that can affect

prices and quality content of goods and services including relative to

global competitors in the short term

Provided further that such analysis should be based on

transparent and comparable indicators.

(2) The Board shall engage in the independent analysis of

policy challenges in the field of productivity and competitiveness and

assess the effects of policy options, making trade-offs of policy

explicit.

(1) The Board shall be composed of eleven (11)

members, consisting of the Chairperson referred under paragraph (a)

and ten (10) other members which shall be appointed by the Prime

Minister, as follows

(a) the Chairperson of the Council who shall ex officio

act as the Chairperson of the Board;

(b) a senior official

nominated

by

the

Minister

responsible for finance;

(c) a member nominated by the Governor of the Central

Bank of Malta;

(d) four (4) members to be nominated by the workers’

organisations constituted bodies sitting in the Council.

(e) four (4) members to be nominated by constituted

bodies representing national employers’ organisations sitting in

the Council.

(2) The term of office for all persons appointed as members in

accordance with sub-regulation (1)(b) to (e), shall be of four (4) years

Provided that the said persons may not be members of the

Board for more than two consecutive terms of office, but shall

otherwise be eligible for reappointment.

(3) Members of the Council may be appointed members of the

Board, without prejudice to the appointment of members who are not

members of the Council.

(4) Members of the Board shall be remunerated according to

standard rates applicable to boards in terms of Government policy.

(5) All members to be appointed in accordance with sub-

regulation (1)(b) to (e), are to be appointed after taking into

consideration the eligibility guidelines referred to in regulation 6.

(6) A member of the Board may resign his office at any timeby

giving notice in writing to the Prime Minister.

(7) A person shall be disqualified from holding office and shall

cease to hold office as a member of the Board if he

(a)

is declared bankrupt;

(b)

makes a composition or arrangement with creditors;

(c) is convicted on indictment of an offence or is

convicted outside Malta of an offence consisting of acts or

omissions which would constitute an offence triable on

indictment if done or made in Malta;

(d) is convicted of an offence involving fraud or

dishonesty; or

(e) has a declaration under the Companies Act made

against him or her or is subject or is deemed to be subject to a

disqualification order by virtue of that Act.

(8) The Prime Minister may at any time remove a member of

the Board on any of the following grounds

(a) the member becomes in any way disqualified from

holding office as such, in accordance with sub-regulation (7);

(b)

disability to perform his functions;

(c) if the member has become incapable through ill-

health of effectively performing his function as a Board member;

(d)

neglect of duty;

(e)

proven misbehaviour; or

(f) the member has a conflict of interest of such

significance that, in the opinion of the Prime Minister, the

member shall cease to hold office.

(9) A member of the Board may not be removed from office

unless a resolution providing for such removal is approved by the

House, which resolution shall state the grounds for the removal.

(10) Where the Prime Minister appoints a new member of the

Board because a member of the Board has died, resigned, been

removed from office or becomes disqualified from holding office, the

term of office of the new member shall be the remainder of the term of

office of the former member.

(11) The Board shall determine all its matters by simple

majority

Provided that in case of parity of votes, the Chairperson

shall have a casting vote in addition to his original vote.

(12) The quorum for Board meetings shall be of seven members.

(13) The Board may act notwithstanding any vacancy amongst

its members, provided there is a quorum present at the meeting.

(14) In any case in which the Chairperson referred in sub-

regulation (1)(a) is absent for a meeting of the Board, and subject to

sub-regulation (12), the members of the Board may appoint a

Chairperson for said meeting from amongst themselves, and such an

appointed Chairperson shall exercise such powers as are given to the

Chairperson under these regulations.

(15) Without prejudice to any provision of these regulations, the

Board shall regulate its own procedure.

All members of the Board to be appointed in accordance Experience of

with regulation 6(1),(b) to (e), are to be appointed after taking into Board members.

consideration their experience in social dialogue and, or competence in

competitiveness and productivity so as to ensure that the Board

consists of people capable of fulfilling the objectives of the Council

Recommendation and the requirements of these regulations.

(1)

To fulfil its objectives, the functions of the Board Functions of the

Board.

shall include

(a) any function

referred

to

in

the

Council

Recommendation;

(b) preparing an annual report outlining the main

competitiveness and productivity challenges facing Malta, and

the policy responses required to meet them and any

recommendations thereto. The report will be forwarded to the

Council;

(c) engaging in research work for the fulfilment of the

functions for which the Board was set up for.

(2) In exercising its functions, the Board may avail itself of the

expertise available to the Ministry responsible for finance and for so

doing it may also enter into agreements with such Ministry to further

specify how the Board may make use of such expertise.

(3) Without prejudice to sub-regulation (2), the Board may also

seek the assistance of other entities, academics, operators or service

providers as may be adequate to assist the Board in the exercise of its

functions, particularly in so far as research work is involved

Provided that such assistance shall be provided in line with

specific agreements as may be approved by the Board;

Provided further that any agreement referred to under this

sub-regulation shall be awarded and entered into in line with public

procurement law as in force from time to time.

(4) Views expressed by the Board in its publications or by

individual members of the Board speaking on its behalf, shall not

necessarily represent the views of the Government.

(1) In acting according to these regulations, the Board

shall always act in a manner which is objective, neutral and fully

independent regarding analysis and content.

(2) In acting according to these regulations, the Board may also

consult relevant stakeholders, but should not convey only or mainly

the opinions and the interests of a particular group of stakeholders.

(1) Without prejudice to any other law, the Board may

request appropriate access to information as required by it, or as is

expedient to fulfil its mandate.

(2)

Article 8 of the Act shall apply mutatis mutandis to the

Board.

In all its activities according to these regulations, the Board

and its members shall at all times act autonomously and independently

and no person not being a member thereof may direct or in any manner

influence any of its members in fulfilling their functions as Board

members, nor may any person appointing any member of the Board

subject such appointment to any condition, direction or objective not

specifically provided for in these regulations or the Council

Recommendation.

(1) Other than for the proper discharge of their duties or

functions under these regulations, or as may be otherwise provided in

any other law, the members of the Board or any other person providing

services, employed or in any manner assisting the Board or the

members thereof, shall consider all information and documents in

relation to the Board or provided thereto as confidential and shall not,

in any way or manner, disclose such information and documents, in

whole or part thereof, to anyone but the members of the Board

Provided that the Board may authorise, upon a request

being made to it or ex officio, any disclosure as it may instruct and

according to such conditions as it may deem fit

Provided further that, without prejudice to any other law or

obligation, information and documents originating from persons

extraneous to the Board, or publicly available, shall not be subject to

confidentiality according to this regulation.

(2) For the purposes of this regulation and without prejudice to

any other law or obligation, confidentiality obligations according to

this regulation shall also indefinitely bind

(a)

all former members of the Board;

(b) any person who provided services, was employed or

in any manner assisted the Board or the members thereof; and

(c) any person who comes into contact with confidential

information pertaining to the Board.

(3) Persons subject to confidentiality obligations according to

this regulation shall be so subject whether they are compensated or

remunerated or not for their relationship or any other involvement

whatsoever with the Board.

(4) Without prejudice to the foregoing provisions of this

regulation, the Board may, pursuant to a written request, disclose

information to any person, body or entity as it may deem fit, so

however that any such disclosure and the reasons thereof are to be

registered in a written resolution of the Board before disclosure is

effected

Provided that the Board may also disclose any requested

information if it so decides when a request is made pursuant to the

terms of understanding assumed in bilateral or multilateral agreements

for the exchange of information and other forms of collaboration with

overseas bodies or authorities including a request arising under a

Memorandum of Understanding concluded with the Board

Provided further that the Board shall disclose any requested

information when obliged to do so according to any other law, whether

domestic or international.

(5) A person who contravenes the provisions of this regulation

shall be guilty of an offence and liable, on conviction, to a fine (multa)

not exceeding one thousand euro (€1000).

(6) The provisions of this regulations shall not apply when

disclosure is in favour of the Minister, following a request by the

Minister.

(7) Any person charged with violations of article 257 of the

Criminal Code or of the Professional Secrecy Act, shall not be found Cap.

9. guilty if he proves, to the satisfaction of the competent court, that his

disclosure is regulated and, or sanctioned under the provisions of this

regulation.

(8) Any investigation or criminal proceeding for a violation of

this regulation may not be initiated unless the Executive Police, or any

other competent authority, is requested to do so through a complaint by

the Board expressed through a resolution of the Board signed by the

Chairperson.

(1) Without prejudice to regulation 6(4), the Board shall

Financial

provisions.

be financed by the Council according to the needs of the Board.

(2) Articles 9, 10 and 13 of the Act shall apply mutatis

mutandis in relation to the Board.

€0.72