Land Registration Agency (Establishment)

L.N. 327 of 2024

PUBLIC ADMINISTRATION ACT

(CAP. 595)

Land Registration Agency (Establishment)

(Amendment) Order, 2024

IN EXERCISE of the powers conferred by article 26 of the

Public Administration Act, the Prime Minister has made the following

The title of this order is the Land Registration Agency Citation.

(Establishment) (Amendment) Order, 2024 and this order shall be read

and construed as one with the Land Registration Agency S.L. 595.31.

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

Article 2 of the principal order shall be amended as Amends article

2 of the

principal order.

(a)

the definition "Agency Agreement" thereof shall be

deleted;

(b) immediately after the definition "Agency" thereof

there shall be added the following new definitions

" "Chief Executive Officer" means the Chief

Executive Officer appointed in terms of article 6;

"Committee" means the Consultative Committee

appointed in terms of article 11;"

(c) the definition "Minister" thereof shall be substituted

by the following new definition

" "Minister" means the Minister responsible for the

Land Registry;".

Article 3 of the principal order shall be amended as Amends article

3 of the

principal order.

(a)

paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) to carry out the functions and duties of

public administration in relation to the following

matters

(i) land registration, as regulated

under the Land Registration Act;

(ii) condominium registration, as

regulated under the Condominium Act;";

(b) immediately after paragraph (d) thereof, there shall

be added the following new paragraphs

"(e) to advise the Minister on any matter and action

concerning policy and strategy on land registration that

shall take due account of the specific circumstances and

requirements of Malta, from time to time;

(f) to administer any budgetary allocation as may

be assigned to it for purposes related to land registration or

such other purposes as may be related to such budgetary

allocation; and

(g) to carry out any other function related to the

activities of land registration, as may be delegated to it by

the Minister.".

Sub-article (2) of article 5 of the principal order shall be

substituted by the following new sub-article

"(2) The operations of the Agency shall be carried out in

accordance with the Agency performance agreement made in

accordance with article 30 of the Act.".

Article 6 of the principal order shall be substituted by the

following new article

6. The Minister shall appoint a Chief

"Chief Executive

Executive Officer for a period of three (3) years

which may be extended for further periods of three

(3) years each.".

Article 7 of the principal regulations shall be substituted by

the following new article

7. (1) Subject to other provisions of this

Chief Executive Officer.

order, the executive conduct of the Agency, its

administration, organisation and the administrative

control of its officers and employees, shall be the

responsibility of the Chief Executive Officer.

(2) The Chief Executive Officer shall be

responsible for the implementation of the objectives

of the Agency in the exercise of its functions and,

without prejudice to the generality of sub-article

(1), it shall

(a) assume full responsibility for the

overall supervision and general control of the

units, divisions and sections;

(b) assign to each unit, division and

section such duties as considered necessary or

expedient;

(c) coordinate the work of the units,

divisions and sections;

(d) develop the necessary strategies

for the implementation of the Agency’s

objectives; and

(e) perform such other duties as the

Minister may assign from time to time.".

Sub-article (2) of article 8 of the principal order shall be Amends article

substituted by the following new sub-article

"(2) Subject to the provisions of the Act and any other

legislation, the appointment of officers and other employees of

the Agency shall be made by the Chief Executive Officer, in

accordance with the policies of the Agency from time to time.".

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

following new article

Without prejudice to any Agency

performance agreement, the Agency shall be

governed by the Public Finance Management Act.".

10. Article 11 of the principal order shall be substituted by the Substitutes

following new article

(1) There shall be a Consultative

Committee appointed by the Minister, which

Committee shall assist the Chief Executive Officer.

(2) The Committee shall have the following

functions

(a) to advise on the decisions

entrusted to the Agency as the case may be;

(b) to

assess

and

provide

recommendations to the Chief Executive

Officer on issues regarding registration of

land;

(c) to provide recommendations to the

Chief Executive Officer on the formulation,

updating and implementation of policies and

procedures on land registration and any such

matter as may be necessary for the better

carrying out the functions of the Agency; and

(d) to advise on long and short term

objectives and strategies for the proper

administration of the Agency.

(3) The Committee shall consist of the Chief

Executive Officer as an ex officio member, a

Chairperson and four (4) other members who shall

be appointed by the Minister.

(4) The Chairperson shall be in possession

of a warrant to exercise the profession of a notary or

an advocate.

(5) The Minister shall select the other

members from among persons he deems qualified

by reason of having had experience of and

demonstrated capability in matters relating to the

functions of the Agency conflict resolution or

arbitration.

(6) The remuneration paid to the members

of the Committee shall be in accordance with the

Act and established guidelines and criteria as may

be applicable from time to time within the public

sector.

(7) Without prejudice to any other provision

of this order, the Committee may make its own rules

and otherwise regulate its own procedures after

consultation with the Minister.".

11. Immediately after article 11 of the principal order, as

substituted, there shall be added the following new articles

(1) The members of the Committee

shall hold office for a period of up to three (3) years

and on such terms and conditions as the Minister

may deem appropriate

Provided that a member shall, on the

expiry of the term of appointment, be eligible for re-

appointment for further periods of three (3) years

each

Provided further that any member may,

before the expiration of the term of office, resign by

letter addressed to the Minister.

(2) The Minister may at any time terminate

the appointment of any member of the Committee if

the Minister considers that such member is unfit to

continue in office or has become incapable of

properly performing the duties of a member of the

Committee.

(3)

If a member is appointed at any time

after any one (1) or more members have already

been appointed, the term of appointment of all

members shall end after three (3) years since the

appointment of the first member of the Committee.

(1) There shall be appointed a

Secretary to the Committee, who shall be appointed

by the Minister for a period of three (3) years and

shall, on the expiry of the term of appointment, be

eligible for re-appointment.

(2) The Secretary to the Committee shall not

be a member of the Committee but shall attend its

meetings.

(3) The Secretary to the Committee shall be

responsible for keeping the minutes of meetings of

the Committee and for keeping such registers and

records as the Secretary may be required to keep by

the Committee

Provided that the Secretary shall

transmit a copy of the approved minutes to the

Minister after each meeting.

(4) The Secretary to the Committee shall

ensure that at least seven (7) days prior notice of all

meetings is given to all Committee members.

Without prejudice to any other duty

Duties of the

Committee.

assigned to the members of the Committee, whether

individually or collectively by this order or any

other law, the members of the Committee shall

(a) act honestly and in good faith and

promote the best interests of the Agency;

(b) be obliged to exercise the degree

of care, diligence and skill which would be

exercised by a reasonably diligent person

having both

(i) the knowledge, skill and

experience that may reasonably be

expected of a person carrying out the

same functions as are carried out by or

entrusted to said Committee member in

relation to the Agency; and

(ii) the knowledge, skill, and

experience which such Committee

member has;

(c) not make any profit from their

position, nor make personal gain or give any

advantage to any third party from confidential

Agency information;

(d) ensure that their personal interests

are not in conflict with the interests of the

Agency;

(e) not use

any property or

information of the Agency for their own

benefit or for the benefit of any other person,

nor obtain benefit in any other way in

connection with the exercise of their powers;

and

(f) exercise the powers they have only

for the intended purposes and not misuse such

powers.".

12. In the Fourth Schedule to the Public Administration Act,

Consequential

amendment.

the words "Land Registry Agency", wherever they occur, shall be

substituted by the words "Land Registration Agency".

€0.54