Malta International Contemporary Art Space

L.N. 205 of 2023

PUBLIC ADMINISTRATION ACT

(CAP. 595)

Malta International Contemporary Art Space

(Establishment as an Agency) (Amendment) Order, 2023

IN EXERCISE of the powers conferred by article 26 of the

Public Administration Act, the Prime Minister has made the following

order:-

(1) The title of this order is the Malta International

commencement.

Contemporary Art Space (Establishment as an Agency) (Amendment)

Order, 2023 and this order shall be read and construed as one with the

Malta International Contemporary Art Space (Establishment as an

Agency) Order, hereinafter referred to as "the principal order".

(2) This order shall come into force on 18th August 2023,

hereinafter referred to as "the appointed date".

Article 1 of the principal order shall be substituted by the

following new article

"1. The title of this order is the Malta International

Contemporary Art Space (MICAS) (Establishment as an

Agency) Order.".

Article 2 of the principal order shall be substituted by the

following new article

" Interpretation.

2. In this order, unless the context otherwise

requires

"Act" means the Public Administration Act,

unless otherwise indicated;

"Agency" means the Malta International

Contemporary Art Space Agency established by

article 3;

"Board" means the Board of Management

as established by article 4;

"Chairperson" means the Chairperson of the

Board appointed in terms of article 4(2)(a);

"Executive Head" means the Executive

Head as provided for in article 6;

"financial year" means the period of twelve

(12) months, starting 1st January and ending 31st

December of every year;

"Malta" shall have the meaning as assigned

to it by article 124 of the Constitution;

"Minister" means the Minister responsible

for culture;

"performance agreement" means the

Agency agreement as provided for in article

7(2)(a);

"Permanent Secretary" means the person,

appointed in terms of article 92 of the

Constitution who is assigned and acts in the role

of Permanent Secretary as described in the Act

within the Ministry responsible for culture;

"specialised committees" means the

specialised committees of the Agency as provided

for in article 9.".

Article 3 of the principal order shall be substituted by the Substitutes

article 3 of the

following new article

principal order.

3. (1) There shall be an Agency to be known

as the Malta International Contemporary Art Space

Agency, for the primary purposes of promoting

contemporary art, providing a national and international

platform for contemporary art in Malta, and cultivating

a sense of artistic culture among the public.

(2) The Agency shall be a body corporate

having a distinct legal personality and shall be capable,

subject to the provisions of this order, of entering into

contracts, of employing personnel, of acquiring,

holding and disposing of any property for the purpose

of its functions, of suing and of being sued, of doing all

such things and entering into all such transactions that

are incidental or conducive to the exercise and

performance of its functions in accordance with this

order, and any other function or operation of

Government as may be assigned in accordance with the

law.

(3) The legal representation of the Agency shall

be vested in the Chairperson

Provided that the Chairperson may, from

time to time, and under such terms and conditions and

with such powers as he determines in writing presented

in a meeting of the Board where they are approved by

the said Board, appoint any one (1) or more of the

members of the said Board, or any one (1) or more of

the officers or employees of the Agency, to appear in

the name and on behalf of the Agency in any judicial

proceedings or on any act, contract, instrument or other

document whatsoever.".

Article 4 of the principal order shall be substituted by the

following new article

4. (1) The Agency shall have a Board of

Management, with the primary role of overseeing the

management of the Agency administratively and

artistically.

(2) The Board shall be composed of the

following members

(a) the Chairperson, who shall be

appointed by the Minister after consultation with

the Permanent Secretary;

(b) the Deputy Chairperson, who shall be

appointed by the Minister after consultation with

the Permanent Secretary;

(c) not less than three (3) and not more

than seven (7) ordinary members, appointed by

the Minister,

who

shall

possess

professional

qualifications or technical expertise or knowledge

or experience in the contemporary art sector or

show that they have skills in matters related to the

contemporary art sector or have skills and

competences that by means of which they may

assist the Board in the fulfilment of its role;

(d) the Secretary, who shall be appointed

by the Minister after consultation with the

Chairperson.

(3) A person shall not be eligible to serve as a

member of the Board or shall be disqualified from

continuing to serve as a member of the Board where

such person

(a) is convicted of any of the crimes

mentioned in Titles V, VI and IX of Part II of

Book First of the Criminal Code;

(b) is subject to a disqualification under

article 320 of the Companies Act;

(c) is convicted of theft or fraud, or of

knowingly receiving property obtained by theft or

fraud or of money laundering or of bribery, or has

otherwise been sentenced to imprisonment for a

term not less than three (3) months;

(d) is legally interdicted or incapacitated;

(e) is a Judge or Magistrate of the Courts

of Justice;

(f) is a member of the Cabinet in

accordance with article 79 of the Constitution or a

Parliamentary Secretary appointed in accordance

with article 88 of the Constitution; or

(g) has a financial interest or any other

interest in any enterprise or activity which is

likely to affect the discharge of his functions as

Board member.

(4) All the members of the Board, regardless of

their role, shall

(a) in the execution of their duties, act

with prudence, diligence, attention and observe

the good faith;

(b) abide by the Code of Ethics for Board

members in the Public Sector issued by the Office

of the Prime Minister; and

(c) sign an understanding outlining their

duties as Board members, including the duty of

confidentiality and regulating conflicts of interest.

(5) The term of office for the members of the

Board shall expire after a period of three (3) years from

appointment

Provided that the term of office of a member

of the Board may also end upon the death or resignation

of that member or the disqualification of that person

from continuing to serve as a member

Provided further that the term of office of

persons who are serving as members of the Board on

the appointed date may be terminated by the Minister or

renewed by the Minister in accordance with the

provisions of this order.".

Article 5 of the principal order shall be substituted by the

following new article

5. (1) The quorum necessary for the

operation of the Board shall be half the members in

office together plus one (1)

Provided that a person, with the approval of

the Chairperson, may be invited by any member of the

Board or by the Minister to attend a meeting of the

Board as an observer, with the right and time to speak

as may be granted by the member chairing the meeting

Provided further that the Executive Head

shall have the right to request to attend a meeting of the

Board as an observer to make presentations on any

matter relating to the conduct of the Agency’s affairs or

the performance of the Agency’s function.

(2) The Board shall endeavour to meet at a

minimum of once every two (2) calendar months, on

such date and at such time set by the Chairperson after

consultation with the other members of the Board

Provided that the Chairperson shall make

the necessary effort and arrangements to enable all the

members to attend the meeting on the set date and time.

(3) In the absence of the Chairperson, the

meetings shall be chaired by the Deputy Chairperson.

(4) The Secretary shall also be responsible for

taking minutes of all the procedures of the meetings of

the Board, and for keeping a record within the said

minutes of all the questions raised, the correspondences

and documents submitted, and any declarations of the

directions taken in the books kept for that purpose.

(5) When the circumstances so require

(a) that a vote shall be taken, each

member of the Board shall have an original vote,

except for the Secretary who shall be a non-voting

member of the Board;

(b) that a tie-breaking vote shall be taken,

the member chairing the meeting shall be vested

with a casting vote;

(c) that a member or observer is to be

removed during one (1) or more meetings, the

member chairing the meeting shall have the

power to order the removal of such member or

observer;

(d) that the term of office of a member is

to be suspended temporarily, the member may

suspend himself or be suspended by the Minister

Provided that

(i) in the case of self-suspension,

the member shall write to the Board and the

Minister informing them of the self-

suspension; and

(ii) in the case of a member being

suspended by the Minister, the Minister

shall write to the member being suspended

and to the Board explaining the reasons for

the suspension

Provided further that the members

shall not be allowed to take a vote ordering the

suspension of the term of office of a member.

(e) that a member is to be removed from

office, the member may be removed by the

Minister

Provided that the Minister shall write

to the member being removed from office and to

the Board explaining the reasons for the removal

Provided further that the members

shall not be allowed to take a vote ordering the

removal of a member from office.

(6) The Board shall afford to the Minister

facilities for obtaining any information with regard to

the property and activities of the Agency, and shall

furnish the Minister with returns, accounts and any

other information with respect to the functions of the

said Agency, and afford facilities for the verification of

any information furnished, in such manner and at such

times as the Minister may so require.

(7) Without prejudice to the provisions of this

order, the Board may regulate its own procedure

generally and, in particular, regarding the holding of

meetings of the Board, the notice that shall be given of

such meetings, the proceedings in relation to them, the

keeping of minutes, the custody, production and

inspection of those minutes and the opening, keeping,

closing and audit of accounts.

(8) 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.".

Article 6 of the principal order shall be substituted by the

following new article

" Conduct of affairs

6. (1) The affairs and work of the Agency

shall be the responsibility of and shall be managed by

the Executive Head

Provided that for the purposes of the Act,

the Executive Head is the Chief Executive Officer.

(2) The Executive Head shall be responsible in

particular, but not limited to

(a) the day-to-day running of the Agency,

and the coordination of work of the Agency;

(b) the administration, the overall

organisational supervision, general operational

control of the Agency and of the officers and

employees thereof;

(c) the implementation of the performance

agreement and the development of strategies

necessary for the implementation of the Agency’s

objectives and functions;

(d) the collection, and to provide

information and the carrying out of preparatory

work for the purpose of reports on the operation

of the Agency;

(e) the internationalisation, and the

development of a relationship, collaboration and

coordination with natural as well as legal persons,

public entities and local, national and

international organisations.

(3) The Executive Head may establish units,

divisions and sections that are necessary in the

organisational structure for efficient management of the

affairs and the work of the Agency.

(4) The Executive Head shall

(a) assign to those units, divisions and

sections that are established in accordance with

sub-article (3) those duties which he deems they

may be delegated to the same;

(b) coordinate the work of those units,

divisions and sections so established in

accordance with sub-article (3).

(5) In the exercise of his power to appoint or re-

appoint a person to the position of Executive Head, the

Minister shall ensure that the chosen person has

suitable qualifications and competences, and may

appoint an Evaluation Committee for Appointments,

with the role of managing the selection process, and

evaluating the candidates who have submitted their

names for the vacant position

Provided that the Evaluation Committee for

Appointments shall be composed of persons with skills

and competences related to the management of the

Agency, and who are not members of the Board or are

not under any disqualification stipulated in article 4(3)

and (4).

(6) The provisions of article 4(3) u (4) and of

article 5(5)(d) and (e) shall apply mutatis mutandis for a

person serving in the position of Executive Head.

(7) A person serving in the position of

Executive Head shall hold office for a period of four (4)

years

Provided that the term of office may also

end upon the death or resignation of that person or the

disqualification of that person from continuing to serve

in the position

Provided further that the term of office of

the person who is serving as the Executive Head on the

appointed date may be renewed by the Minister

according to the provisions of this order.".

Article 7 of the principal order shall be substituted by the Substitutes

article 7 of the

following new article

principal order.

7. (1) It shall be the function and purpose of

the Agency to

(a) promote contemporary art in Malta

through, but not limited to, the performance of

these functions, and promote knowledge,

awareness, appreciation and enjoyment of

contemporary art;

(b) develop and maintain a national and

international profile in the field of contemporary

art;

(c) strengthen and ensure the achievement

of the highest quality in contemporary art, and

this also through the publication of new policies

and changes in the current policies;

(d) support the strengthening of the

various skills and talents in contemporary art,

taking into account the cultural diversity and the

local resources of contemporary art in Malta;

(e) build

the

contemporary

art

contribution in the field of cultural promotion of

Malta and in the field of local cultural tourism;

(f) set up contemporary art space and

galleries and hold local and international

exhibitions and programs;

(g) adopt those effective strategies so

required to ensure the conservation of works of

art in the art space;

(h) foster a relationship between the field

of contemporary art in Malta and that of other

countries, through, but not limited to, the

promotion and availability of its work on an

international level, and supporting the position of

Malta as a hub for contemporary art in Europe

and the Mediterranean, and as an international

partner in the cultural and creative fields;

(i) establish a strong network of

affiliations with local and international cultural

organisations;

(j) organise educational, training and

development initiatives through, but not limited

to, effective promotion and education in

contemporary art;

(k) determine further recognition of the

Agency’s brand and safeguard the international

recognition;

(l) carry out those functions which may

be considered ancillary to the functions referred

to in this article.

(2) For the purpose of carrying out its functions,

the Agency

(a) shall enter into a performance

agreement with the Permanent Secretary who

shall regulate the operation and projects of the

Agency;

(b) may collaborate with Ministries,

Departments, authorities, corporations and

agencies of Government, local councils, regional

councils, non-governmental organisations, public

cultural organisations and private ones, and other

persons;

(c) may enter into agreements, contracts

and obligations with natural as well as legal

persons, public entities and local, national and

international organisations

Provided that the Agency, by means of a

resolution of the Board endorsed by the Executive

Head, shall seek to obtain the consent of the Minister

before taking part in negotiations leading to and before

taking part in the formation of a company or

partnership or entering into a joint venture.".

Article 8 of the principal order shall be substituted by the Substitutes

article 8 of the

following new article

principal order.

8. (1) Without prejudice to the provisions of

the Constitution, and of any other law applicable

thereto, and without prejudice to the other provisions of

this order and any applicable directives, the

appointment of employees of the Agency who are

required for the proper and effective performance of its

functions, shall be made by the Agency itself, with that

remuneration and under those terms and conditions

which may be determined by the Agency.

(2) (a) In accordance with the provisions of

the Act and with the approval of the Prime Minister, the

Agency may, from time to time, and after consultation

with the Minister, request that any public employee

shall be detailed for duty with the Agency in such

capacity and with effect from such date as may be

specifically requested, agreed or approved.

(b) During the time within which a public

officer is detailed for duty with the Agency, while he is

under the administrative direction and control of the

Agency, he shall remain and retain all the rights and

obligations of a public officer, and for the purposes of

any law relating to pensions for service with the

Government, service with the Agency shall be regarded

as 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 within

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, and 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 on 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.

(3) The Agency shall follow the applicable

directives and shall use the salary scale and grading

structure as stipulated in the performance agreement.".

Article 9 of the principal order shall be substituted by the

following new article

9. (1) The Agency shall have the specialised

committees listed in sub-article (2), which shall assist

the Agency in the matters described in their role.

(2) The specialised committees shall be the

following

(a) the Committee for Creativity, which

shall have the role of assisting the Executive

Head

(i) in

designing

the

artistic

strategies of the Agency;

(ii) in the maintenance of the

contemporary art space and galleries;

(iii) in the organisation of exhibitions

and in the design of artistic programs;

(b) the

Committee

for

Internationalisation, which shall have the role of

assisting the Executive Head

(i) in designing the strategies for the

internationalisation of the Agency;

(ii) in the maintenance of a network

of affiliations at on international level,

including the creation and maintenance of

collaborations at an international level;

(iii) in coordinating the work

between the international emissaries of the

Agency

Provided that sub-article (3) shall apply

mutatis mutandis for persons serving in the office of

international emissaries of the Agency.

(3) (a) The specialised committees shall be

composed of not less than three (3) and not more than

five (5) members, one (1) of whom shall be appointed

as Chairperson, and a Secretary, who shall be appointed

by the Board.

(b) In the exercise of his power to appoint or re-

appoint persons in the position of member of a

specialised committee, the Board shall ensure that the

person selected has appropriate qualifications and

competences and is not under any disqualification

stipulated in the provisions of article 4(3) and (4).

(c) The term of office for the members of

specialised committees shall expire after a period of

three (3) years from the appointment

Provided that the term of office may also

terminate with the death or resignation of that person or

the disqualification of that person from continuing to

serve in office or by a decision in writing of the

Board.".

Article 10 of the principal order shall be substituted by the Substitutes

article 10 of the

following new article

principal order.

10. (1) The Agency shall be regulated through

the provisions of the Public Finance Management Act

as provided for in article 31 of the Act.

(2) Subject to the provisions of this order, the

Agency shall carry out its work in such a way that the

expenditure required for the proper performance of its

functions shall, as far as is practicable, be met from its

income and from the commercialization of its

operation.

(3) The Agency shall also receive from the

Government, from the Consolidated Fund, those

amounts that may, from time to time, be authorised for

allocation to cover part of its expenditure that cannot be

met from its income and from the commercialisation of

its operation, as well as costs for specific works to be

continued or to be otherwise executed by the Agency.

(4) Subject to any decision which the Minister

may, from time to time, make after consultation with

the Minister responsible for finance, any excess of

income over expenditure shall be applied by the

Agency to the formation of reserve funds which shall

be used for the objectives of the Agency

Provided that the Minister and the Minister

responsible for finance may, in writing, order the

Agency

(i) to transfer to the Government that

excess on income; or

(ii) to apply such excess revenue in such

manner or for such purpose as may be specified.

(5) Any funds of the Agency which are not

immediately required to meet the expenditure, may be

invested in such manner as may be approved by the

Permanent Secretary, from time to time.

(6) The Agency, in the performance of its

functions, may impose fees, rates and other charges as

may be published or agreed upon with third parties.

(7) The Executive Head shall be responsible for

administrating the Agency within the financial

parameters of the Agency.

(8) (a) The Agency shall prepare an annual

report where it shall render an account of its operation,

activities and financial situation in respect of each

financial year.

(b) In its annual report, the Agency shall

provide

(i) an overview of the Agency’s

operation during that financial year,

including reference to the implementation of

the incorporated functions and the Agency’s

corporate governance; and

(ii) a financial statement and the

report of the auditors, appointed by half of

the members of the Board plus one (1),

containing a statement

(aa) on the financial position;

(bb) on

the

financial

performance;

(cc) on the changes in net

assets or equity;

(dd) on the cash flow;

(ee) of the comparison between

the estimates prepared for the financial

year under evaluation and the actual

expenditure of the financial year under

evaluation, and between the actual

expenditure of the financial year under

evaluation and the actual expenditure

of the previous year;

(ff) containing the opinion of

the auditors on the procurement

management, financial position and

performance of the Agency;

(gg)

containing

notes,

including a summary of significant

accounting

policies

and

other

explanatory notes

Provided that the contract of service with the

appointed auditors shall be concluded within one (1)

month from the end of the financial year and the

auditors shall be bound to conclude their work and

provide the Agency with the report within five (5)

months from the date of conclusion of the contract of

service.

(c) The Agency shall, within five (5)

working days of receipt of the audit report from

the auditors, transmit and present the annual

report to the Minister and the Permanent

Secretary.

(d) The Minister shall, within ten (10)

working days after the receipt of the annual report

of the Agency, lay the annual report on the Table

of the House, or if at any time during that period

the House is not in session, within one (1) week

from the beginning of the following session.".

€1.35