Cultural Organisation) Order, 2024

L.N. 170 of 2024

ARTS COUNCIL MALTA ACT

(CAP. 542)

De Valette Chamber Orchestra (Establishment as a Public

Cultural Organisation) Order, 2024

IN EXERCISE of the powers conferred by article 14 of the Arts

Council Malta Act, the Minister responsible for culture, upon the

advice of Arts Council Malta, has made the following order:-

The title of this order is the De Valette Chamber Orchestra

(Establishment as a Public Cultural Organisation) Order, 2024.

In this order, unless the context otherwise requires

"Act" means the Arts Council Malta Act;

"Council" means Arts Council Malta as established by

article 3 of the Act;

"De Valette Chamber Orchestra" means the Public Cultural

Organisation known as the De Valette Chamber Orchestra as

established in article 3;

"Director" means the Director of the De Valette Chamber

Orchestra as appointed in article 4;

"financial management" includes financing, financial

control, financial accountability and audit;

"Minister" means the Minister responsible for culture;

"Permanent Secretary" means the Permanent Secretary

within the Ministry responsible for culture.

(1) There shall be a Public Cultural Organisation which

shall be a body to be known as the De Valette Chamber Orchestra,

which shall perform the following functions subject to the power of

general supervision of the Council

(a) setting up and managing a chamber orchestra as an

undertaking of the Council;

(b) adopting and implementing the artistic strategy of the

De Valette Chamber Orchestra; and

(c) proposing, creating, maintaining, organising,

administering and supervising the organisation and

implementation of a portfolio of national and international

cultural and artistic events, festivals and cultural infrastructural

projects related to the De Valette Chamber Orchestra in

accordance with this order and the Act.

(2) The De Valette Chamber Orchestra shall be a body

corporate having a distinct legal personality and which may, subject to

the provisions of this order, enter into contracts, employ personnel,

acquire, hold and dispose of any property for the purpose of its

functions, sue and be sued, do all such things and enter into all such

transactions as are incidental or conducive to the exercise or

performance of its functions under this order, and perform any other

function or operation as may be assigned to it under any law or

regulation from time to time.

(3) The administrative operation and financial management of

the De Valette Chamber Orchestra shall be carried out under the

general responsibility, direction and control of Teatru Manoel.

(1) Without prejudice to the general responsibility, Appointment of

direction and control as provided for in article 3(3), the affairs and Director

conduct of

work of the De Valette Chamber Orchestra shall be the responsibility affairs

Valette Chamber

of, and shall be managed by the Director.

Orchestra.

(2) The Director shall be appointed by the Council in

accordance with the provisions of sub-article (3).

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

person to the position of Director, the Council 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 said position.

(4) A person serving in the position of Director shall hold

office for a period of three (3) years and may be re-appointed for

further periods of three (3) years.

(5) In the exercise of his functions, the Director shall conduct

the business of the De Valette Chamber Orchestra in accordance with

the Act and with the Public Administration Act insofar as it regulates Cap. 595.

government entities and shall be answerable to the Council and to the

Minister.

(6) The Director shall be responsible in particular, but not

limited to

(a) the day-to-day running of the De Valette Chamber

Orchestra and the coordination of its work;

(b) the administration, the overall organisational

supervision, general operational control of the De Valette

Chamber Orchestra and of the officers and employees thereof;

(c) the financial management of the De Valette Chamber

Orchestra within the financial parameters regulating the said

orchestra;

(d) the implementation of any performance agreement

and the development of strategies necessary for the

implementation of the objectives and functions of the De Valette

Chamber Orchestra;

(e) the collection and provision of information and the

carrying out of preparatory work for the purpose of reports on

the operation of the De Valette Chamber Orchestra;

(f) 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 in matters of interest to the De Valette

Chamber Orchestra.

The legal and judicial representation of the De Valette

Chamber Orchestra shall vest in the Director.

The provisions of Part IV of the Act shall, mutatis

mutandis, apply to the De Valette Chamber Orchestra in such manner

that any reference to the Council in the said provisions shall be

construed as a reference to the De Valette Chamber Orchestra.

(1) The financial management of the De Valette Chamber

Orchestra shall be conducted in accordance with the provisions of Part

V of the Act and with the provisions of the Public Finance

Management Act insofar as they apply to government entities.

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

Chamber Orchestra 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 its operations.

(3) The De Valette Chamber Orchestra shall also receive from

the Government, from the Consolidated Fund, either directly or

through the Council, 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 its operations, as well as costs for

specific projects to be continued or to be otherwise executed by it.

(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

De Valette Chamber Orchestra to the formation of reserve funds which

shall be used for the attainment of its objectives

Provided that the Minister and the Minister responsible for

finance may in writing, order the De Valette Chamber Orchestra either

directly or through the Council

(a)

to transfer to the Government that excess on income;

or

(b) to apply such excess revenue in such manner or for

such purpose as may be specified.

(5) Any funds of the De Valette Chamber Orchestra which are

not immediately required to meet the expenditure, may be invested in

such manner as may be approved by the Council, from time to time.

(6) The De Valette Chamber Orchestra, in the performance of

its functions, may receive payment for services as may be published or

agreed upon with third parties.

(7) (a) The De Valette Chamber Orchestra 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 De Valette Chamber Orchestra shall

provide

(i) an overview of its operation during that financial

year, including reference to the implementation of the

incorporated functions and its corporate governance; and

(ii) a financial statement and the report of the auditors

containing a statement of the following

(aa) the financial position;

(bb) the financial performance;

(cc) the changes in net assets or equity;

(dd) the cash flow;

(ee) a 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) the opinion of the auditors on the procurement

management, the financial position and performance of the

De Valette Chamber Orchestra;

(gg) 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 De Valette Chamber Orchestra with the report within

five (5) months from the date of conclusion of the contract of service.

(8) The De Valette Chamber Orchestra shall, within five (5)

working days of receipt of the audit report from the auditors, transmit

and present the annual report to the Council and to the Minister.

(9) The Minister shall, within ten (10) working days after the

receipt of the annual report of the De Valette Chamber Orchestra, 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.

In the Second Schedule to the Act, immediately after the

item "Festivals Malta Agency" there shall be added the following new

item

"(j) De Valette Chamber Orchestra".

€0.45