Registration of Sports Persons Regulations, 2023

L.N. 141 of 2023

SPORTS GOVERNANCE AND INTEGRITY ACT

(CAP. 626)

Registration of Sports Persons Regulations, 2023

IN EXERCISE of the powers conferred by article 37 of the

Sports Governance and Integrity Act, the Minister responsible for

sports, after consultation with the Authority responsible Integrity in

Maltese Sports, has made the following regulations:-

The title of these regulations is the Registration of Sports

Persons Regulations, 2023.

The Registrar

Authority for Integrity in Maltese Sport

APPLICATION FOR REGISTRATION IN THE REGISTER

OF SPORT PERSONS (SPORTS ORGANISATIONS)

OFFICIAL NAME

OFFICIAL ADDRESS

OPERATING ADDRESS OF THE ORGANISATION

FACILITIES ADDRESS

MAIN OBJECTS

SPORTS ACTIVITIES / DISCIPLINES

DATE OF CONSTITUTION / SETTING UP

NATURE OF ORGANISATION

(ATTACH ALL AVAILABLE DOCUMENTATION ENDORSED BY LEGAL

REPRESENTATIVE OF APPLICANT)

1. List of members: Yes/No

(mark as Annex A)

2. Letter stipulating recognition (affiliation) by a National Association/National

Federation: Yes/No

(mark as Annex B)

3. Letter stipulating recognition (affiliation) by an International Sport Body: Yes/

No

(mark as Annex Ċ)

4. Letter stipulating affiliation with Malta Olympic Committee: Yes/No

(mark as Annex D)

5. Statute/Memorandum and Articles: Yes/No

(mark as Annex E)

6. Declaration in the Statute relating to the commitment against doping and

corruption in sport: Yes/No

(mark as Annex F)

7. Regulations and bye-laws: Yes/No

(mark as Annex G)

8. Latest Annual Report and Annual General Meeting minutes: Yes/No

(mark as Annex H)

9. Latest Financial Report: Yes/No

(mark as Annex I)

10. Auditor’s Report: Yes/No

(mark as Annex J)

11. List of Coaches: Yes/No

(mark as Annex K)

(1)

In these regulations, unless the context otherwise

requires

''Act'' means the Sports Governance and Integrity Act;

''Authority" means the Authority for Integrity in Maltese

Sport established by article 5 of the Act and any references in

these regulations or in any other law or regulations to the

Authority shall, unless the context otherwise requires, be

construed as including a reference to any person authorised by

the Authority to act for or on its behalf;

''applicant'' means a Federation or National Federation or

an Association or National Association or a club or a foundation

having sport as its principal objective or an academy or sport

school or any other person applying for registration in the

Register with the Authority. For the purposes of these

regulations, ''applicant'' does not include an athlete or any other

individual;

''application form'' means the application form prescribed

in the First Schedule and Second Schedule;

''Register'' means the Register of Sport Persons;

"registered person" means a person registered in the

Register of Sport Persons in accordance with Part VII of the

Act;

''Regulation (EU) 2016/679'' means Regulation (EU) 2016/

679 of the European Parliament and of the Council of 27 April

2016 on the protection of natural persons with regard to the

processing of personal data and on the free movement of such

data, and repealing Directive 95/46/EC (General Data

Protection Regulation);

''statute'' means the statute or constitutive act belonging to

the applicant or registered person.

(2) Without prejudice to the provisions of sub-regulation (3),

unless the context otherwise requires, words and expressions used in

these regulations shall have the same meaning as assigned to them in

the Act.

(3) The definitions prescribed in the Act shall apply, mutatis

mutandis, unless they are inconsistent with these regulations.

The Registrar

Authority for Integrity in Maltese Sport

CATEGORISATION OF SPORTS ORGANISATIONS

TYPE OF ORGANISATION

Please tick boxes which correspond to the objectives of the sports

organisation

Physical activity

Mental activity

Casual participation (recreational) (forming social relationships)

Organised participation (in local national competition and international

recognised events)

Training activities only (no competition)

Obtaining results in competition

Therapeutic or clinical purpose

Health institution or centre

STRUCTURE

Please tick boxes which apply to the sports organisation

The organisation is governed by a board/committee which is

collectively responsible for the success of the organisation

The organisation is governed by a board/committee which has the

power to take decisions to lead the organisation

The organisation is governed by a board/committee which is properly

constituted and operated effectively

Diversity is a priority within the organisation

When engaging staff, account is taken of experience, skills, knowledge

and qualifications

The persons engaged and the organisation’s members are given the

opportunity to voice out their independent opinion in decision making

processes of the organisation, while taking into account the

organisation’s objectives and goals

The organisation’s annual and financial reports are made available to

the public

The organisation’s annual and financial reports are made available only

to members

The organisation’s annual and financial reports are made available only

to members attending the annual general meeting

The organisation’s financial operations are audited by a certified auditor

Open debates about the organisation’s operations and decision making

are held during meetings at committee and various subcommittee

meetings

Stakeholder involvement and input are at the core of discussions

organised regularly by the organisation

The organisation provides stakeholders with all the information related

to the organisation, its values, targets and its results

Integrity is a priority for the organisation and regular discussions and

evaluations are held in order to verify our standards and review

integrity policies, where necessary

The organisation seeks to respond swiftly to new challenges,

opportunities and scenarios which require changes, in particular, taking

into account the dynamicity of sport

The organisation has a sport integrity officer

The organisation is aware of all anti-doping and match fixing

obligations and legislation and duly complies with all legislative

requirements and obligations

The organisation conducts educational programmes in relation to sports

integrity for members on a regular basis

The organisation requires that all its athlete support persons are

qualified and possess a recent (valid) first aid certificate

The organisation has in place a Code of Ethics

The organisation seeks to comply with all legislation, rules and

regulations issued by the authorities

The organisation often seeks updates from its respective governing

body in order to keep up with changes required in its statute and

operations in general, relating to integrity in sport and in order to

combat match fixing

CATEGORISATION OF ORGANISATION

Please tick the boxes which correspond to the nature of the sports

organisation (please tick only one)

The organisation is an association of a number of National Associations

of the same sport activity or of associated sport activities

The organisation is an association of clubs on a national level which

group together for the purpose of promoting a particular sport or for

organising competitive games in such sport

The organisation is an association of persons, whether in the form of a

civil partnership, or a commercial partnership or otherwise, in which

individuals constitute themselves in or form part of an association

mainly for the purpose of engaging or organising sport activities

The organisation is one of a commercial nature having the scope of

providing training to athletes under the age of sixteen (16), with the aim

of providing an adequate ambience for their development and with the

objective of encouraging participation of the aforementioned minors in

events organised by the respective national sports organisations

The organisation is an undertaking, organisation or enterprise, by

whosoever owned or managed, the main function of which is to educate

on a full-time or part-time basis in any particular sporting discipline or

sporting disciplines

I, the undersigned declare that the contents and information given in this

application are true and correct.

Name and Surname

Identity Card Number

Capacity/Office held

Date of application: ....................................

FOR OFFICE USE ONLY

Type of organisation: Eligible / Not eligible

Category: .............................................

Structure

□ Excellent

□ Good

□ Fair

□ Poor

Eligible for Registration: YES/NO

Date of registration: ........................

Registration number ...............................

Date when renewal for upcoming year is due: ...............................

The Authority shall establish and keep updated an internal Establishment

Register as provided in Part VII and Part X of the Act, and the said of a Register.

Register may have any such categories distinguishing the nature of

registered persons, as the Authority deems necessary from time to

time to keep a distinction on the type of registered persons

Provided that the Authority shall make publicly available

the list of registered persons.

The Registrar

Authority for Integrity in Maltese Sport

NOTIFICATION RELATING TO CHANGES AND AMENDMENTS

IN THE SPORTS ORGANISATION

□

Statute amendments

I hereby inform the Authority that the subsequent amendments have taken place

following the approval of the Annual General Meeting which was held on

...................................... (date) (please annex signed copy of the Annual General

Meeting minutes and mark as Annex A)

The amendments have been made to clause number/s

A copy of the amendments as proposed for the approval of the Annual General

Meeting and a signed copy of the statute as approved is hereto being attached (attach

the proposed amendments and the signed statute and marked as Annex B)

□

Change in its leadership, administration or representation

I hereby inform the Authority about the following changes which have taken

place after elections were held during the Annual General meeting held on

............................ (date) (for voluntary organisations) / by virtue of an

administrative board / committee resolution dated .......................... (date) (for

commercial organisations) (attach a copy of the Annual General Meeting

minutes or administrative board / committee resolution, as applicable, and

mark as Annex C)

Changes

□

Change in official or office (mark as applicable)

A change in the official address took place on ...................................... (date)

Reason: ...................................................................................................

New Address: ...........................................................................................

□

Change in address of sports facilities

A change in the sports facilities address took place on .............................(date)

Reason: ...................................................................................................

New Address: ...........................................................................................

□

Change in any other information

I, the undersigned declare that the content and information given in this

application form is true and correct.

Name and Surname

Identity Card number

Capacity/Office held

Date of Application: ...............................................

(1) No person shall be registered in the register category Application

form.

it falls under unless it submits an application form to the Authority.

(2) An applicant shall apply for registration by submitting the

application form set out in the First Schedule and Second Schedule to

the Authority and addressed to the Registrar of the Authority, together

with all documents so required by the Act and these regulations.

(3) Any registration made by the applicant with the Kunsill

Malti għall-Isport and, or SportMalta in accordance with the Sports Cap. 455.

Act and any respective regulations made thereunder shall be deemed

to be a valid registration subject to the applicant presenting an

application form in accordance with the First Schedule and Second

Schedule to the Registrar of the Authority by not later than 31st

December 2023.

(4) In the event that an applicant does not submit the required

application form as stipulated in sub-regulation (3), the registration

shall be revoked and the applicant shall be required to submit a fresh

application in accordance with these regulations

Provided that the registration form shall be erased after the

lapse of thirty (30) days from the date of the final refusal decision or

from any appeal decision to such refusal.

The Registrar

Authority for Integrity in Maltese Sport

Any person registered with the Authority and enrolled with

the Office of the Commissioner for Voluntary Organisations in

accordance with the Voluntary Organisations Act and regulations

made thereunder shall be endowed with legal personality and may

perform any judicial act

Provided that the above shall not apply to applicants

registered or which may be registered as a legal person in accordance

with

(a)

the Second Schedule to the Civil Code; or

(b)

the Companies Act.

Requests for copies of public documents in accordance with €0.10 for

regulation 7(3)

each page

Requests for copies of public documents signed

€0.10 for

by the Chief Executive Officer in accordance with

each page

regulation 7(3)

Late submissions of documentation

€20 for

each day

Administrative fees shall become due without notification by the Authority and

shall be paid by the registered person in order to remain registered with the

Authority. No de-registrations and, or new applications for existing registered

persons shall be accepted.

€2.43

(1) A registered person shall notify the Registrar of the

Authority by means of an application in accordance with the Third

Schedule and signed by the official who is endowed with legal

representation of the registered person about any of the following

changes

(a)

any amendment or change made to its statute;

(b) any change in its leadership, administration or

representation;

(c)

any change in its official address or that of its office.

(2) The registered person or the official endowed with its legal

representation shall be obliged to inform the Authority of any of the

changes referred to in sub-regulation (1) by submitting the said

changes in accordance with the Third Schedule by not later than forty

(40) days from the date of such change taking place, together with

(a)

a copy of the amendment or change in the statute of

the registered person, together with an updated and revised copy

of the statute;

(b) a statement of any change in the official address,

that of its office as well as in the facilities of the registered

person;

(c)

a statement of any change in the members or

Committee officials, Board or Council of the registered person,

as the case may be, which specifies the names and residential

address of the officials being appointed;

(d) a statement specifying any other change in the

information currently filed in its registration.

(1) Any registered person shall, by not later than ninety Obligations and

(90) days from the end of a financial year, submit to the Registrar of timeframes

annual

the Authority a copy of the financial report for the preceding year, an submissions.

auditor’s report in accordance with sub-regulation (2), an

administrative report and the Annual General Meeting minutes signed

by the Secretary and in the absence of such, the official endowed with

the legal representation of the registered person.

(2) The financial report referred to in sub-regulation (1) shall

be certified by an auditor, in accordance with the register person’s

statute and any information provided shall be in conformity with the

information submitted to the Commissioner for Voluntary

Organisations in accordance with the provisions of the Voluntary Cap. 492.

Organisations Act and any regulations made thereunder.

(3) Any person may request to examine and acquire copies of

the documents and other information gathered by the Authority in

accordance with the provisions of this regulation and may request that

such copies be authenticated by the Chief Executive Officer of the

Authority.

(1) Nothing in these regulations shall prejudice the Data protection.

applicability of Regulation (EU) 2016/679, the provisions of the Data Cap. 586.

Protection Act and the regulations made thereunder, and the

fundamental rights and freedoms of the data subjects.

(2) The Authority acting in its capacity of a controller in

accordance with the provisions of Article 4(7) of Regulation (EU)

2016/679, shall perform the relevant data processing operations

which are limited to the extent necessary and proportionate to the

objectives pursued by the Authority.

(3) The processing of personal data for the purposes of these

regulations shall fully comply with the principles relating to the

processing of personal data pursuant to Article 5 of Regulation (EU)

2016/679.

(1) The Authority, taking into account the nature, scope, Appropriate

context and purposes of processing as well as the risks of varying safeguards.

likelihood and severity of the rights and freedoms of the data

subjects, both at the time of the determination of the means for

processing and at the time of the processing itself, shall implement

appropriate technical and organisational measures, in an effective

manner and integrate the necessary safeguards into the processing, in

order to protect the rights of the data subjects and to ensure a level of

security appropriate to the risk.

(2) The data protection officer designated by the Authority in

accordance with the provisions of Article 37 of Regulation (EU)

2016/679 shall be involved and consulted in a timely manner on all

issues in relation to the protection of personal data processed for the

purposes of these regulations.

(3) For the purpose of ensuring and of being able to

demonstrate that the processing of personal data is performed in

accordance with the provisions of Regulation (EU) 2016/679, the

controller shall implement the appropriate data protection policies,

which policies shall be periodically reviewed and updated where

necessary.

The Authority may, from time to time, request any

registered person to furnish it with such data and information relating

to athletes, coaches, officials and its facilities which the applicant or

registered person has in its possession and in the case of a national

association or federation or any other registered person, any or all

information relating to organisations registered or affiliated with it

and relating to its officials, as the Authority deems necessary for the

performance of its functions in accordance with the Act.

Every applicant shall pay administrative fees with respect

to the provisions of regulation 7(3) and late submissions. The said

fees shall become due as stipulated in the Fourth Schedule.

Coaches’ Qualifications: Yes/No

(mark as Annex L)

Coaches’ Curriculum Vitae: Yes/No

(mark as Annex M)

Stamped Beneficial Owners Register Form 1: Yes/No

(mark as Annex N)

Certificate from the Office of the Commissioner for Voluntary Organisations /

Malta Business Registry stipulating that the organisation is eligible for

enrolment/registration, subject to acceptance for registration with the Authority

Yes/No

(mark as Annex O)

Certificate from the Directorate for Quality & Standards in Education stating

that the organisation is eligible for the issuance of a School Leaving Certificate

number, subject to the Authority’s acceptance: Yes/No

(mark as Annex P)

Organigram of the organisation and a list of members

(mark as Annex Q)

Valid sport facility licence issued by the Authority: Yes/No

(mark as Annex R)

OFFICIALS AND COMMITTEE MEMBERS OF THE ORGANISATION

President/Chairperson

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Secretary

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Treasurer

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Public Relations Officer

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Integrity Officer

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Other Members

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

If there are other committee members, list and give details on a separate

attachment.

DETAILS OF INDIVIDUALS IN WHOM THE REPRESENTATION OF THE

ORGANISATION IS VESTED

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

Name and Surname

Identity Card Number

Residential Address

Telephone Number

E-mail

If there are other members in whom representation is vested, list and give details

on a separate attachment.

DETAILS ABOUT THE OFFICIAL PREMISES

1. Legal title held: .............................................................................................

2. Land privately owned: Yes/No

3. Land Government Owned: Yes/No

4. Term of title (if of a temporary nature): ..............................................

5. Specify what the premises consists of: ..............................................................

6. Required development/works/maintenance: Yes/No

(attach the Report and BOQ and mark as Annex S)

7. Any valid trading licenses for premises: Yes/No

(mark as Annex T)

8. Planning permit applications or already issued development permits: Yes/No

(mark as Annex U)

9. Kindly attach five (5) photos of the premises, a google satellite view (marked

in yellow) and a Land Registry site plan marked in red and signed by a Perit

(mark as Annex V)

DETAILS ABOUT THE OPERATING PREMISES / SPORTS FACILITIES

(if different from the official premises)

1. Legal Title held: .............................................................................................

2. Land privately owned: Yes/No

3. Land Government Owned: Yes/No

4. Term of title (if of a temporary nature): ..............................................

5. Specify what the premises consists of: ..............................................................

6. Required development/works/maintenance: Yes/No

(attach report and BOQ and mark as Annex W)

7. Any valid trading licenses for premises: Yes/No

(mark as Annex X)

8. Planning permit applications or already issued development permits: Yes/No

(mark as Annex Y)

9. Kindly attach five (5) photos of the premises, a google satellite view (marked

in yellow) and a Land Registry site plan marked in red and signed by a Perit

(mark as Annex Z)

DETAILS OF PROJECTS OF A CAPITAL NATURE FOR THE NEXT TWO (2)

YEARS

(attach the signed detailed declaration and mark as Annex AA)

DETAILS OF UPCOMING EVENTS/COMPETITIONS FOR THE NEXT TWO

(2) YEARS

(attach the signed detailed report and mark as Annex AB)

FORECASTED REQUESTS FOR ASSISTANCE THROUGH SPORTMALTA

AND OTHER GOVERNMENT SCHEMES FOR THE NEXT TWO (2) YEARS

(attach the signed detailed report and mark as Annex AC)

MEMBERS OF THE ORGANISATION

Individuals: Yes/No

Organisations: Yes/No

The number of individuals and, or organisations that have a right to vote in the

applicant organisation (resident in Malta holding a valid identity card issued by the

Commissioner of Police or other government competent authority and, or registered

legal person in Malta with the competent authority, respectively)

Organisations

Individuals

CURRENT REGISTRATIONS

/

LICENCES

ISSUED

BY

MALTESE

AUTHORITIES

1. Malta Business Registry: Yes/No

(mark as Annex AD)

2. Commissioner for Voluntary Organisation: Yes/No

(mark as Annex AE)

3. Commissioner of Police: Yes/No

(mark as Annex AF)

4. Other Authority / Government Entity: Yes/No

(mark as Annex AG)

I, the undersigned, being the person in whom the legal representation of the

applicant is vested, do hereby apply for/request renewal of registration of the

applicant in the Register of Sports Persons kept by the Authority.

I also declare that the contents and information given in this application are

true and correct and that the documents submitted together with this application

are true and correct copies of the originals updated to the date of this application.

I also declare that the applicant is aware of its obligations towards the

Authority and the requirement for request of renewal for registration on a yearly

basis and that on default of such, the applicant shall be suspended from the

Register, whereby all benefits of such registration shall cease to apply with

immediate effect.

Name and Surname

Identity Card Number

Capacity/Office held

Date of application/request for renewal: ........................................

FOR OFFICE USE ONLY

Eligible for registration/renewal: Yes/No

Reason

for

refusal

of

the

application

(if

not

eligible)

Requested additional documentation prior to registration/renewal: ..........................

Category of Registration: .............................................

Registration Number: ..................................................

Date of Registration: ......................................................

Date when renewal for upcoming year is due: ...............................