ENGAGE Regulations, 2022

L.N. 210 of 2022

UNITED NATIONS CONVENTION ON THE RIGHTS OF

PERSONS WITH DISABILITIES ACT

(CAP. 627)

ENGAGE Regulations, 2022

IN EXERCISE of the powers conferred by article 6 of the United

Nations Convention on the Rights of Persons with Disabilities Act, the

Minister responsible for disability and the development of this sector

has made the following regulations:-

(1) The title of these regulations is the ENGAGE Title and

Regulations, 2022, and these regulations shall be read and construed as commencement.

one with the United Nations Convention on the Rights of Persons with Cap. 627.

Disabilities Act, hereinafter referred to as "the principal Act".

(2) These regulations shall come into force on such date as the

Minister responsible for disability and the development of this sector,

may by notice in the Gazette establish, and different dates may be so

established for different purposes and for different regulations of these

Regulations.

For the purposes of these regulations

Interpretation.

" "Act" means the United Nations Convention on the

Rights of Persons with Disabilities Act;"

"Autism Advisory Council" means the Autism Advisory Cap. 557.

Council set up in terms of article 3 of the Persons within the

Autism Spectrum (Empowerment) Act;

"DDI" shall have the same meaning assigned to it in the

Act;

"ENGAGE" shall have the same meaning assigned to it in

the Act;

"IDCC" means the Inter-Departmental Coordination

Committee set up in terms of regulation 6 of the UNCRPD L.N.

2022. National Coordination Mechanism Regulations, 2022;

"KLSM" means the Sign Language Council of Malta set up

in terms of article 7 of the Maltese Sign Language Recognition Cap. 556.

Act;

"Minister" shall have the same meaning assigned to it in the

Act;

"Permanent Secretary" means the Permanent Secretary

within the Ministry responsible for disability and the

development of this sector;

"UNCRPD National Coordination Mechanism" shall have

the same meaning assigned to it in the Act;

"voluntary organisation" shall have the same meaning

assigned to it in the Voluntary Organisations Act.".

There shall be a participation mechanism within DDI,

referred to as ENGAGE, appointed by the Minister after consultation

with the Permanent Secretary, and composed of twelve (12) persons,

namely a Chairperson and eleven (11) ex officio members as well as

other members, as follows

(a) the Chairperson of ENGAGE shall be a person with

disability, with a proven record of activism;

(b) the following shall be the ex officio members of

ENGAGE

(i) the Director responsible for DDI or his

representative;

(ii) the Commissioner for the Rights of Persons

with Disability or his representative;

(iii) the President of the national umbrella

organisation for the disability sector as recognised by

Government, from time to time, or his representative;

(iv) the Head of the Department of Disability

Studies within the Faculty for Social Wellbeing of the

University of Malta or his representative;

(c) the following shall be the other six (6) members of

ENGAGE

(i) four (4) members who shall be persons with

disability, each of whom shall either represent a voluntary

organisation for persons with disability, or represent

himself (self-advocate);

(ii) two (2) members who shall be persons

supporting persons with disability further to the provisions

of Title VI of the Civil Code;

(iii) one (1) member who shall be the parent of a

child with disability.

(1) The members of ENGAGE shall hold such position Term and

for three (3) years, and shall be eligible for reappointment as members termination

mandate.

when their period in office lapses.

(2) A member may at any time resign from his office by

informing the Minister in writing.

(3) A member may at any time be removed or suspended from

office by the Minister after consultation with the Permanent Secretary

as a result of

(a) proven inability to perform his functions as member

of ENGAGE;

(b)

proven misbehaviour;

(c) unjustified absence

for

more

than

three

(3)

consecutive meetings; or

(d) if, being a chosen member due to his representative

state, he stops from holding that representative state;

(4) Should a vacancy arise further to a resignation or removal

or suspension contemplated in sub-regulations (1) or (2) above, the

Minister after consultation with the Permanent Secretary shall appoint

a member to replace said member who would have resigned or was

removed or suspended

Provided that in the case of ex officio members, the new

member appointed to replace the member who would have resigned, or

was suspended or removed, would be from the same entity which the

member who resigned, or was suspended or removed, represented.

(1) The Minister after consultation with the Permanent Secretary.

Secretary shall appoint a secretary to perform necessary administrative

and clerical tasks required for the proper functioning of ENGAGE.

(2) Said appointment shall be effected for a period of three (3)

years, and the secretary should be eligible for reappointment when his

period in office lapses.

The Chairperson and members of ENGAGE may receive Honoraria.

such honoraria as the Minister may prescribe, from time to time.

KLSM and the Autism Advisory Council shall be consulted Participation of

through DDI on matters that would fall within the remit of said bodies, state-appointed

councils.

and representatives of said bodies may also be invited to specific

meetings on an ad hoc basis, following agreement between the

Director responsible for DDI and the Chairperson of ENGAGE.

(1) ENGAGE shall meet at the call of the Chairperson,

and a meeting agenda as circulated to members by the Secretary shall

be comprised of any one (1) or more of the following items

(i) substantive points related to legislation, policy or

strategy referred to it by the IDCC within the UNCRPD National

Coordination Mechanism;

(ii) points placed on the agenda by the Chairperson,

following requests by members of ENGAGE, with the intention

of conveying the results of deliberation on said points to the

IDCC;

(iii) agenda points that follow up earlier discussed agenda

points.

(2) A simple majority of members of ENGAGE shall constitute

a quorum.

(3) ENGAGE shall act by a majority vote of its serving

members present and voting. In the case of equality of votes, the

Chairperson shall have the right to exercise the casting vote.

The Chairperson, assisted by the secretary, shall liaise with

the UNCRPD National Coordination Mechanism concerning the

matters mentioned in regulation 8.

€0.36