Specialised Unit) Order, 2024

L.N. 285 of 2024

PUBLIC ADMINISTRATION ACT

(CAP. 595)

National Drugs and Addictions Unit (Establishment as a

Specialised Unit) Order, 2024

IN EXERCISE of the powers conferred by article 9 of the Public

Administration Act, the Prime Minister has made the following order:-

(1) The title of this order is the National Drugs and

commencement.

Addictions Unit (Establishment as a Specialised Unit) Order, 2024.

(2) This order shall come into force on such date or dates as the

Prime Minister with the concurrence of the Minister responsible for

social policy, may by notice in the Gazette establish and different dates

may be so established for different provisions and, or purposes of this

order.

In this order, unless the context otherwise requires: -

"addictions" means addiction to drugs, alcohol, gambling,

gaming and includes any other addiction;

"framework regulations" means the Organisation,

Administration and Operation of Specialised Units Regulations.

"Minister" means the Minister responsible for social

policy;

"Unit" means the specialised Unit known as the National

Drugs and Addictions Unit established by virtue of regulation 3.

(1) There shall be a specialised unit, to be known as the

National Drugs and Addictions Unit, which shall be managed by a

Head, to be appointed by the Minister and to be styled as a Non-

Executive Chairperson, who shall be assisted by five (5) other persons

who shall be public officers who hold a post of Director, Senior

Manager, Manager II or Manager I in the public service.

(2) The Head of the Unit shall report to the Permanent

Secretary in the Ministry responsible for social policy.

(3) Unless otherwise provided in this order the Unit shall in its

administration and operation be regulated by the provisions of the

framework regulations.

(1)

The Unit shall

Functions of the

Unit.

(a) identify and formulate yearly national reports on the

drug situation and the responses to same on issues related to the

prevalence, prevention, treatment, recovery and enforcement

matters related to drugs and addictions;

(b) collate, verify, analyse and publish statistics and data

related to drugs and addictions which, inter alia, give indications

related to the national scenario;

(c) conduct surveys, studies and submit reports on the

ongoing situation in relation to drugs and addictions;

(d) facilitate and monitor the necessary coordination and

participation between government departments, agencies and

other concerned entities in the collection and collation of data

related to drugs and addictions;

(e) act as the national focal point for local and

international collaboration on prevention, treatment, recovery,

enforcement and epidemiological issues related to drugs and

addictions;

(f) organize, coordinate and maintain research networks

in relation to the situation in Malta and participate in related

networks and other activities organized by international entities;

and

(g) perform such other functions in the field of drugs and

addictions as the Minister may direct.

(2) In the performance of its functions the Unit shall ensure

scientific independence and shall maintain the quality of data collected

in accordance with European Union standards.

The defined period of the Unit shall be of six (6) years

Defined period.

Provided that at the end of or at any time during the defined

period, the Minister may on the basis of an assessment of the workings

on the Unit, recommend to the Prime Minister that the functions of the

Unit shall be carried out through an entity established under a different

legal form.

The Head of the Unit shall hold office for a maximum term Tenure of office

of three (3) years and may be reappointed. A person shall not be of Head of Unit.

qualified to hold the office of the Non-Executive Chairperson if such

person is a Minister, Parliamentary Secretary, a Member of, or a

candidate for election to the House of Representatives, or a member of

a local government authority.

Without prejudice to the provisions of this order and of the

framework regulations, the Unit shall regulate its own proceedings and

may appoint sub-committees.

There shall be a Secretary to the Unit who shall be a person

appointed as such by the Minister or by a public officer designated by

the Minister to act as Secretary to the Unit.

The Unit shall have the power to appoint experts to assist it

in any matter under its consideration, as it may reasonably consider to

be necessary.

(1) The Unit shall have a distinct legal personality and

shall be capable of entering into contracts, of suing and being sued and

of doing all such things and entering into such transactions as are

incidental or conducive to the fulfilling of its objectives.

(2) The legal and judicial representation of the Unit shall vest

in the Head of the Unit or in any other member or officer of the Unit as

the Head of the Unit, may authorise in writing for such purpose.

(1) At least two (2) months prior to the end of its

financial year, the Unit shall submit a work and financial plan covering

the proposed activities of the Unit during the following financial year.

A subvention as may be agreed with the Ministry of Finance shall be

provided in the annual budget through the Ministry responsible for

social policy to enable the conduct of the said activities.

(2) Without prejudice to sub-article (1) it shall be the duty of

the Director responsible for finance within the Ministry responsible for

social policy to ensure the proper disbursement of the subvention in

order that the activities outlined in the work plan are completed to the

full.

(3) The Unit shall enter into a grant agreement with the

European Union Drug Agency to cover activities related to Malta’s

obligations on reporting on drugs and addictions.

(1) The Director responsible for finance at the Ministry

responsible for social policy shall keep proper accounts of the income

and expenditure of the Unit.

(2) The accounts of the Unit shall be audited by an auditor or

auditors to be appointed by the Unit with the approval of the Minister

Provided that the Minister responsible for finance may

require the books and other documents of the Unit to be audited or

examined by the Auditor General who shall for this purpose have the

power to carry out such physical control and other verifications, and to

demand and acquire such information, as he may deem necessary.

(3) The financial year of the Unit shall commence on the 1 st

January and shall end on the 31 st December of each year

Provided that the first financial year of the Unit shall

commence on the date of the coming into force of this order and shall

end on the 31 st day of December of the following year.

(1) The Unit shall, by not later than three (3) months after Annual report.

the close of each financial year, submit to the Minister a copy of the

annual report which shall include the annual accounts certified by the

appointed auditors, a report on the Unit’s activities during the year and

a general report of developments during the period to which it relates

in respect of matters falling within the functions of the Unit.

(2) The Minister shall cause a copy of the annual report

together with a copy of the then current business and financial plan of

the Unit, to be laid on the Table of the House of Representatives by not

later than four (4) weeks after receipt of the report provided that in

reckoning the said period no account shall be taken of any time during

which the House of Representatives is not in session or during which it

is adjourned for more than seven (7) days.

In the Third Schedule to the Public Administration Act, Amendment to

immediately after the item "Ta’ Qali National Park Unit" there shall be the

Schedule to the

added the following new item

Public

Administration

Act.

"National

To carry out

Six (6) years Head being a

Minister

Yes".

Drugs and

monitoring and to

Non-

responsible for

Addictions

draw up reports,

Executive

Social Policy

Unit

statistics and surveys

Chairperson

on the subject of drugs

assisted by

and other addictions,

other public

to coordinate the work

officers of

of Government

defined grade

departments in the

field and to act as

national focal point

for local and

international

collaboration on drugs

and addictions.

€0.45