MT
APPOINTMENTS AND CONDITIONS OF SERVICE OF THE REGULAR FORCE REGULATIONS
Table of Provisions (68)
Statutory Text (68 Articles)
SUBSIDIARY LEGISLATION 220.03
APPOINTMENTS AND CONDITIONS OF
SERVICE OF THE REGULAR FORCE
REGULATIONS
29th September, 1970
LEGAL NOTICE 91 of 1970, as amended by Legal Notices 37 of 1973,
20 and 98 of 1975, 42 of 1980, 54 of 1981, 36 and 64 of 1982, 45 of 1983,
10 and 14 of 1984, 47 of 1990, 139 of 1991, 130 of 1998, 13 of 1999, 227 of
2004, 411 of 2007, 58 and 227 of 2008, 127 of 2012, 66 of 2013, 61 of 2015
and 168 of 2016; and Act XLI of 2016 and Legal Notice 287 of 2018 and
272 of 2019, Act XXI of 2020 and Legal Notices 315 of 2023 and 126 and
236 of 2024 and 16 of 2025.
The title of these Regulations is Appointments and
Conditions of Service of the Regular Force Regulations.
Substituted by
L.N. 42 of 1980.
(Regulation 3)
OATH OF ALLEGIANCE TO BE TAKEN BY OFFICER ON
COMMISSIONING
I, ...................................... solemnly swear/affirm that I will bear true faith and
allegiance to the people and the Republic of Malta and its Constitution, and that I
will, as in duty bound, honestly and faithfully defend the Republic of Malta against
all enemies, and will observe and obey all orders of the President of Malta, and of
the authorities and officers set over me.
(So help me God)
signature
date
The said ..................................................................... has taken the oath before
me at ................................................ on this ....................... day of ........................
(signature and authority of
person administering oath)
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
(1) In these Regulations, unless the context otherwise
requires -
"the Act" means the Malta Armed Forces Act;
"Commander" means the Commander, Armed Forces of Malta
appointed under the Designation, Command and Establishment
Order and in his absence or inability to act includes the Deputy
Commander, or other officer appointed to act as Commander,
appointed under the Order aforesaid;
"determine" in relation to the Minister means determine by order
or instruction (whether issued by him or under his authority) or in
such other form or manner, and subject to such publicity, as the
Minister may deem appropriate;
"disciplined force" means -
(a) the Armed Forces of Malta;
(b) the Malta Police Force; and
(c) the Malta Correctional Services;
"force" means the regular force;
"partner" shall have the same meaning as assigned to it in the Civil
Unions Act;
"reckonable service" includes special reckonable service and
service in a disciplined force;
"special reckonable service" means commissioned service and
other reckonable service over the age of eighteen years prior to 1st
October, 1970, in a Maltese unit of the forces of the United
Kingdom of Great Britain and Northern Ireland by a person who is
commissioned or enlisted in the force with effect from 1st October,
1970, and full-time service, between 1st April, 1965 and 30th
September, 1970, with the territorial force by a person enlisted as
aforesaid;
"recruiting officer" shall be construed in accordance with
regulation 19.
(2) Save as provided in sub-regulation (1), in these Regulations
words and expressions shall have the same meaning as they have in
the Act.
PART I
Officers
Appointments, Promotions, transfers, retirements and transfers
to reserve
Amended by
L.N. 42 of 1980;
(Regulation 22)
L.N. 54 of 1981;
L.N. 36 of 1982;
L.N. 64 of 1982;
L.N. 45 of 1983;
L.N. 14 of 1984;
L.N. 411 of 2007;
L.N. 227 of 2008;
XXI of 2020.
PART I
Notice to be given under article 6(1) of the Malta Armed Forces Act, to a person
offering to enlist in the Regular Force
This paper sets out the general conditions of the various enlistments and the
questions you will be required to answer before the officer who will attest you for
the Regular Force.
General conditions of enlistments
1. You must serve for the whole of the term for which you enlist, unless you
are enlisted on an engagement where, as explained below, you will have the right to
leave the service or to transfer to the reserve before its end. If you have not
previously served in the regular force you have a right to purchase your discharge
during the early months of your service (See 11 below). The military authorities
have the right to discharge you at any time if your services are no longer required.
2. If you have already enlisted under regulation 26(1)(c) you will retain your
right to terminate your service from the force on any day on which you would have
been entitled to retire had you remained in the Malta Police Force and all the
provisions of the Pensions Ordinance which would have been applicable to you had
you remained in the Malta Police Force shall be applicable to you on your
termination of service from the force; and for the purposes of the said Ordinance
service in the force shall count as service in the Malta Police Force.
3. Service with the colours means full time regular army service and during
that service you may be called on to serve in any part of the world. During reserve
service you will return to civilian life but will be liable to be called on in any
emergency.
Types of enlistments
4. For men over the age of 18 enlisting after 1st October, 1970, on an initial
engagement of three years.
a.
You will be enlisted on an initial engagement of 3 years.
b.
At the end of 3 years you may be allowed to re-engage for a further 9
years subject to the quota for re-engagements existing at the time. You
may opt to terminate your service without payment at each 3 year point.
c.
At the end of 12 years you may be allowed to re-engage for a further 10
years subject to the quota for re-engagements existing at the time. You
may opt to terminate your service without payment at the 15 year point
and at any time after 16 years service.
d.
At the end of 22 years service you may be allowed to continue for one
year at a time up to the age of 55 years or until such subsequent age as
the Minister may from time to time determine.
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
Your reserve liability will be as follows
Reckonable Service
Reserve Liability
(1) After initial 3 year engagement
NIL
(2) If discharged after 3 years
service but before completing
The balance of 9 years
12 years service
uncompleted.
(3) If discharged after 12 years
service but before completing
The balance of 22 years
22 years service
uncompleted.
(4) On attaining the age of 55
years
NIL
5. For men under the age of 18 but over the age of 17 enlisting after 1st
October, 1970, on an initial engagement of three years.
Your term is up to your 18th birthday and then as in para. 3.
The same conditions as specified in para. 3 apply save that periods at
which you are entitled to break your service with the colours etc., will
be reckoned from your 18th birthday and not from the date you are
attested.
6. (Deleted by Legal Notice 227 of 2008).
7. For men enlisting on a five year engagement -
You will be enlisted on a five year engagement but if you are over 55
years on date of enlistment you will serve up to the age of 60 years.
You will have no reserve liability after you have been discharged.
8. For men enlisting on a three year engagement -
You will be enlisted on a three year engagement, but, if you are recalled
to the public service, the engagement will be deemed to be completed
on the day on which you are so recalled.
9. For men enlisting on a fourteen month engagement -
You will be enlisted on a fourteen month engagement.
10. For male soldiers enlisting after the 1st June, 1982 on a fourteen month
engagement -
You will be enlisted on a fourteen month engagement and you will have
reserve liability for a period of ten years from the date of termination of
your engagement.
11. For men enlisting on an eighteen month engagement -
You will be enlisted on an eighteen month engagement and you have a
reserve liability for a period of twenty years from the date of
termination of your engagement.
12. For men enlisted on a twelve month engagement -
You will be enlisted on a twelve month engagement and you will have a
reserve liability for a period of twenty years from the date of
termination of your engagement.
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
General
13. You may be enlisted into a corps of your choice if there is a vacancy in that
corps and you are duly qualified. While in the corps to which you are appointed you
may be posted from one unit or branch to another.
14. If at any time during the first 6 months of your service you are found
unsuitable for the corps for which you are appointed but suitable for service in
another corps you will be given the option either of transferring voluntarily to
another corps for which you are suitable and in which there is a vacancy, or of being
discharged, unless the interests of the Force render necessary your compulsory
transfer to another corps. You can only be compulsorily transferred from one corps
to another by order of the Commander.
15. When you have been attested you will be subject to military law, and you
will be required to carry out whatever duties may be ordered by those in authority
over you.
16. No guarantee can be given that you will be employed on any particular
duties but if you are enlisted with a view to being trained and employed in a
particular trade, you will normally be trained and employed in that trade providing
the requirements of the service so permit. Employment in a trade depends upon
passing a specified trade test and there being a vacancy in that trade.
17. a.
If this is your first enlistment in the Regular Force you will be entitled
to claim your discharge on payment of a sum not exceeding forty-six
euros and fifty-nine cents (46.59); provided that the claim is made after
the expiration of two months and before the expiration of three months
from attestation.
b.
If you make a claim for discharge during the appropriate period you will
then be discharged with all convenient speed unless, when you make
your claim, an order has been made ordering that soldiers who would
otherwise be transferred to the reserve shall continue to serve with the
colours. In such a case your discharge will be deferred for as long as the
order remains in force.
18. You will be liable to forfeit service if you are found guilty of, or confess to,
deserting the service. Such forfeited service will not count towards the period of
service for which you are enlisted and consequently the date of your discharge, and
will alter the dates of the ends of the periods on which you have a right to be
transferred to the reserve or to terminate your service, and the dates on which notice
should be given.
19. You may be discharged if you make a false answer to any of the questions at
the end of this Paper or because of any other irregularities concerned with your
enlistment.
20. Examples of other grounds on which you may be discharged before the
termination of your engagement by order of the competent military authority are
misconduct, unfitness on medical grounds or the benefit of the public service.
21. If when a soldier would otherwise be entitled to be discharged or to be
transferred to the reserve, he is liable to be proceeded against by court-martial, or is
serving a sentence of imprisonment or detention abroad, his discharge or transfer to
the reserve will be postponed. What is said above about entitlement to be discharged
or to be transferred to the reserve must be read as subject to this.
22. If, when you would otherwise become entitled to be discharged, you are
a.
serving with the Force
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
(1) outside Malta, or
(2) while a state of war exists, or
(3) while soldiers in the reserve are called out for permanent service,
you may be retained with the colours for a further period not exceeding twelve
months.
b.
If, when you would otherwise become entitled to be transferred to the
reserve, you are serving with the Force -
(1) outside Malta, or
(2) while a state of war exists, or
(3) while soldiers in the reserve are called out for permanent service,
or
(4) while there is in force an order ordering that soldiers who would
otherwise be transferred to the reserve shall continue to serve
with the colours,
you may be retained with the colours for a further period; this period may continue
until 12 months after you would otherwise become entitled to be discharged.
23. If you are transferred to the reserve you may be liable to be called out as
follows
in any year, for training in Malta or elsewhere for one period not
a.
exceeding fifteen days and for such other periods not exceeding thirty-
six hours, as may be prescribed.
for permanent service if national danger is imminent or a great
b.
emergency has arisen.
24. If during your service with the reserve, you are called out for permanent
service, you may be retained with the colours for the rest of your term in the reserve
and for a further twelve months.
QUESTIONS TO BE PUT TO THE RECRUIT BEFORE ENLISTMENT
Under the provisions of articles 18 and 66 of the Malta Armed Forces Act if any
person knowingly makes a false answer to any question contained in the attestation
paper he is liable to punishment
Q. 1
What is
your
full
(a) Christian
or
Fore
(b) Surname
name?
Name(s)
Q. 2.
What is your address?
Q. 3.
What is the date of your birth?
Q. 4.
Where were you born? (give
Q. 5.
What is your nationality now?
town, country)
Q. 6. What
was
the
nationality at birth of
(a) yourself?
(c) your mother?
(e) your wife?
(b) your father?
(d) your paternal grand-
father and
Are
you
single, Q. 8.
How many children Q. 9.
What is your
married, widowed?
are dependent on
trade
or
you?
calling?
Q. 10. Do you belong to, or have you ever served in any armed force of Malta or of
a Commonwealth Country? If so, state which, and the periods of service and
the reasons for and dates of discharge.
Q. 11. Have you ever been charged before any civil court with an offence of which
you have not been acquitted (even though you may only have been
absolutely or conditionally discharged, or placed on probation)? If so, give
full particulars of each charge.
Q. 12. Have you ever been rejected for service in any armed force of Malta or of a
Commonwealth Country? If so, on what grounds?
Q. 13. (a) Are you, or have you ever been an apprentice? ......................................
(b)If so, when will, or did, the period of your apprenticeship expire? .........
Q. 14. (a)Into what corps do you wish to enlist? ..................................................
(b)If you have been informed that there is no vacancy in that corps, into
what other corps in which there is a vacancy do you wish to enlist? .......
Q. 15. Have you received a notice paper setting out the questions to be answered on
attestation and the general conditions of the enlistment to be entered into
including reserve liability? ..........................................................................
Do you understand the contents of the notice paper and wish to be enlisted?
Q. 16. Are you willing to serve
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
(a) *If under the age of 18 years, the period from the date of attestation up
to the date on which you attain the age of 18 years, and thereafter for a
term of ................... years with the colours and ............... years with the
reserve.
(b) If over the age of 18 years either
(1)
*A term of ............... years with the colours with the option to be
discharged from colour service at the end of ........................ years
reckonable service, or
(2)
*A term of ....... years with the colours less reckonable service
within the meaning of the Appointments and Conditions of Service
of the Regular Force of the Armed Forces of Malta Regulations
with the option to be discharged from colour service at the end of
............ years inclusive of service reckonable as aforesaid.
(c) A term of five years with the colours or, if you are over 55 years on date
of enlistment, up to the age of 60 years.
(d) A term of three years, or, if you are recalled to the public service, up to
the date on which you are so recalled.
(e) A term of fourteen months with the colours to count from the date of
attestation.
(f) A term of eighteen months with the colours to count from the date of
attestation.
(g) A term of twelve months with the colours to count from the date of
attestation.
(*Delete whichever is inapplicable - Answer "Yes" to relevant question)
I, ................................................. do solemnly declare that the above answers made
by me to the above questions are true, and that I am willing to fulfil the engagement
(Signature of Recruit)
(Signature of witness)
Note: On signing the above declaration and taking the Oath the recruit becomes a
soldier of the Regular Force and subject to military law.
PART II
Attestation Paper
Army No...................
Nature of Engagement (Note 1) ....................
Corps ........... .................... years with the Colours .......... years with the Reserve
General Instructions for completing the Attestation Paper
1. The Recruit will first be given a copy of the Notice Paper.
2. Any alterations in this Attestation Form will be initialled in ink by the
Recruiting Officer. A ball-point type of pen will NOT be used.
3. The Recruiting Officer will delete all paragraphs referring to types of
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
engagement which are not appropriate.
QUESTIONS TO BE PUT TO THE RECRUIT BEFORE ENLISTMENT
Under the provisions of articles 18 and 66 of the Malta Armed Forces Act, if a
person knowingly makes a false answer to any of the questions contained in the
Attestation Paper he renders himself liable to punishment.
Q. 1 What is your full
(a) Christian or Fore
(b) Surname
name?
Name(s)
Q. 2.
What is your address?
Q. 3.
What is the date of your birth?
Q. 4.
Where were you born? (give
Q. 5.
What is your nationality now?
town, country)
Q. 6. What
was
the
nationality at birth of
(a) yourself?
(c) your mother?
(e) your wife?
(b) your father?
(d) your paternal grand-
father and
Q. 7.
Are
you
single, Q. 8.
How many children Q. 9.
What is your
married, widowed?
are dependent on
trade
or
you?
calling?
Q. 10. Do you belong to, or have you ever served in any armed force of Malta or of
a Commonwealth Country? If so, state which, and the periods of service and
the reasons for and dates of discharge. (Note 2).
Q. 11. Have you ever been charged before any civil court with an offence of which
you have not been acquitted (even though you may only have been
absolutely or conditionally discharged, or placed on probation)? If so, give
full particulars of each charge.
Q. 12. Have you ever been rejected for service in any armed force of Malta or of a
Commonwealth Country? If so, on what grounds?
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
Q. 13. (a) Are you, or have you ever been an apprentice? ......................................
(b) If so, when will, or did, the period of your apprenticeship expire? .........
Q. 14. (a) Into what corps do you wish to enlist? ..................................................
(b) If you have been informed that there is no vacancy in that corps, into
what other corps in which there is a vacancy do you wish to enlist? .......
Q. 15. Have you received a notice paper setting out the questions to be answered on
attestation and the general conditions of the enlistment to be entered into
including reserve liability? ..........................................................................
Do you understand the contents of the notice paper and wish to be enlisted?
Q. 16. Are you willing to serve
(a) *If under the age of 18 years, the period from the date of attestation up
to the date on which you attain the age of 18 years, and thereafter for a
term of ................... years with the colours and ............... years with the
reserve.
(b) If over the age of 18 years either
(1)
*A term of ............... years with the colours with the option to be
discharged from colour service at the end of ........................ years
reckonable service, or
(2)
*A term of ....... years with the colours less reckonable service
within the meaning of the Appointments and Conditions of Service
of the Regular Force of the Armed Forces of Malta Regulations
with the option to be discharged from colour service at the end of
............. years inclusive of service reckonable as aforesaid.
(c) A term of five years with the colours or, if you are over 55 years on date
of enlistment, up to the age of 60 years.
(d) A term of three years, or, if you are recalled to the public service, up to
the date on which you are so recalled.
(e) A term of fourteen months with the colours to count from the date of
attestation.
(f) A term of eighteen months with the colours to count from the date of
attestation.
(g) A term of twelve months with the colours to count from the date of
attestation.
(*Delete whichever is inapplicable - Answer "Yes" to relevant question)
SOLEMN DECLARATION
I, ................................................. do solemnly declare that the above answers made
by me to the above questions are true, and that I am willing to fulfil the engagement
made.
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
(Date)
(Signature of Recruit)
(Signature of witness)
OATH TO BE TAKEN BY RECRUIT ON ATTESTATION
I, .................................. affirm that I will bear true faith and allegiance to the
people and the Republic of Malta and its Constitution, and that I will, as in duty
bound, honestly and faithfully defend the Republic of Malta against all enemies,
and will observe and obey all orders of the President of Malta, and of the officers
set over me.
(So help me God)
signature
date
The said ................................. has taken the oath before me at ..............., on this
.................... day of .......................... ............ .
(signature and authority of
person administering oath)
CERTIFICATE OF RECRUITING OFFICER
The Recruit named above was cautioned by me that if he knowingly made any
false answer to any of the questions above he would be liable to be punished as
provided in the Malta Armed Forces Act.
The questions above were then read to the Recruit in my presence.
I have taken care that he understands each question, and that his answer to each
question has been duly entered.
I have taken care to see that the Recruit has received a copy of the Notice Paper
and I am satisfied that he is fully aware of the terms and general conditions of
service on which he has entered.
I am satisfied from the evidence produced or the statements made by the Recruit
that he has attained the minimum age for man’s service.
The said Recruit has made and signed the Declaration and taken the Oath before
me at ............... on this ....................... day of .................... ............
Rank ................................................ Appointment
Signature of Recruiting Officer ............................................................................
Religious denomination .................. .....................
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
CERTIFICATE OF MEDICAL EXAMINATION
I /We have examined this Recruit in accordance
with current instructions and have assessed him as
follows
Date ...............................
Signature(s) of Medical Officer(s) .......................................
CERTIFICATE OF APPROVING OFFICER
I CERTIFY that this attestation paper of the above-named recruit is properly
completed and that the required forms relative to his enlistment appear to have been
complied with. I accordingly approve, and appoint him to -
Date .............................. Signature of Approving Officer .....................................
Place ................................
* Here insert the “Corps” for which the recruit has been enlisted
NOTES FOR RECRUITING OFFICERS
1. Insert type of engagement e.g. Regular.
2. If the recruit has former service he is to be asked particulars of this former
service, and will produce, if possible, all certificates issued on discharge. All
certificates will be returned to the recruit and in cases of former service with any
armed force of Malta certificates will be conspicuously endorsed in red ink as
follows
(Name) re-enlisted in the (Corps) on the (Date).
(1) Officers shall be commissioned by the President of
Malta acting on the advice of the Minister.
(2) For the purpose of giving advice under this regulation the
Minister may do or cause to be made any one or more of the
following -
(a) cause to be advertised in the Gazette any vacancies in
the force it is intended to fill;
(b) call for applications by prospective candidates for
commissions in the force or for entry to a military
academy or similar institution with a view to obtaining
a commission in the force;
(c) determine the qualifications and other conditions for
the grant of commissions in the force;
(d) determine the qualifications and other conditions for
entry to a military academy or similar institution;
(e) determine the qualifications and other conditions for
direct entry into the force as officers and/or the
circumstances in which such direct entry is to take
place;
(f)
determine the rank and seniority in which, and the
period for which, a person will be granted a
commission;
(g) distinguish between combatant and noncombatant
officers, and make such other distinctions as he may
deem proper;
(h) make such other provision or arrangement for the
selection, appointment and commissioning of officers
in the force as he may deem appropriate.
(3)
Without prejudice to the provisions of sub-regulation
(2)(e) all persons serving as officers in a Maltese unit of the forces
of the United Kingdom and Northern Ireland on 30th September,
1970, may, if they so elect, be commissioned in the force with
effect from 1st October, 1970, in the same rank and seniority which
they held in the Maltese unit aforesaid and any person so
commissioned shall be allowed to serve until he is due to retire
under these Regulations.
(4) All persons commissioned in the force and who have not
been attested in the force shall, before taking up their duties, take
the oath of allegiance set out in the First Schedule, and such oath
ma y b e adm in ist ered by t he Com m and er, b y a st aff offi cer
designated in that behalf by the Commander, or by a Commissioner
for Oaths.
(Regulations 20 and 48)
Part I
Pension Articles
1. The title of these Articles is the Armed Forces of Malta
Pension Articles.
2. These Articles and the Armed Forces of Malta Pension
Rules, 1990, hereinafter referred to as "the Rules", and which shall
be read as an integral part of these Articles, shall apply to officers
and men retiring on or after the 1st January, 1990.
3. No pension shall be granted under these Articles and the
Rules, to any officer or man of the force except on his retirement
from the force in any one of the following cases
(a) on or after attaining the age of fifty-five years or if he has
completed twenty-five years reckonable service in the
force;
(b) on the abolition of his office;
(c) on compulsory retirement in accordance with
regulation 14(1) of the Appointments and Conditions
of Service of the Regular Force Regulations,
hereinafter in these Articles and in the Rules called
"the Regulations";
(d) on termination of service in
accordance with
regulation 14(3) or regulation
45(1)(h) of the
Regulations.
4. (1) A pension granted to an officer or man of the force
under these Articles shall not exceed two-thirds of the highest
pensionable emoluments drawn by him at any time in the course of
his service in the force.
(2) For the purpose of the preceding sub-article an additional
pension granted in respect of injury shall not be taken into account;
but where an officer or man is granted such an additional pension,
the amount of such additional pension which he may draw shall not
exceed one-sixth of his highest pensionable emoluments at any
time in the course of his service in the force by more than the sum
by which his pension or pensions, apart from such additional
pension, falls short of two-thirds of such highest emoluments.
(3)
For the purpose of these Articles and the Rules -
"month" means a calendar month;
"pensionable emoluments" include -
(i) salary,
(ii) personal allowance,
(iii) one working trade allowance
but does not include duty allowance, entertainment allowance,
house allowance, the estimated annual rental value of free quarters,
value of rations, extra remuneration, any fees paid out of the
Treasury by way of salary or other emoluments whatsoever;
"personal allowance" means a special addition granted
personally to the holder for the time being of the office, but does
not include such an addition if it is granted subject to the condition
that it shall not be pensionable;
"officer" and "man" mean an officer commissioned or a man
enlisted in the force on or after 15 January, 1979;
"year" means a calendar year.
5. No pension under these Articles shall be assignable,
transferable or liable to be attached, sequestrated or levied upon,
for or in respect of any debt or claim whatsoever, except in so far as
is provided in article 381(3) of the Code of Organization and Civil
Procedure.
6. (1) An officer or man of the force, who retires on grounds
listed in article 3(d) to whom a pension has been granted under
these Articles and who is in receipt of -
(a) any remuneration in respect of any employment, or of
any services rendered, or of any office held; or
(b) any income deriving from the exercise of a trade,
business, profession or vocation; or
(c) any income deriving from any pension, allowance or
other payment in respect of any employment, service
or office aforesaid,
shall, until he reaches the age of fifty-five years or until the twenty-
fifth anniversary of his first appointment in the force, whichever is
the earlier, have his pension reduced by the amount by which the
aggregate income established in accordance with the following
provisions of this article exceeds the salary which is then payable
in respect of the post which the officer or man held on retirement,
t a k i n g a c c o u n t o n l y, i f s u c h s a l a r y i s i n c r e m e n t a l , o f t h e
corresponding increments earned prior to retirement, or, if such
post has been abolished, an analogous post
Provided that the yearly pension shall in no case be
reduced to less than the sum of one hundred and sixteen euros and
forty-seven cents (116.47), and if the yearly pension or other
allowance does not exceed the minimum payable as aforesaid no
reduction shall be made therefrom.
(2) For the purpose of sub-article (1), the aggregate income
shall be established by adding -
(a) the pension which, but for the provisions of this
article, would have been receivable under these
Articles; and
(b) any remuneration or income referred to in sub-article
(1)(a), (b), or (c), or both such remuneration and
income; and
by subtracting therefrom the yearly sum of one hundred and sixteen
euros and forty-seven cents (116.47).
(3) Any reduction in the pension under sub-article (1) shall be
calculated on the basis of the pension, the remuneration or other
income, and the salary, receivable during a period of twelve months
ending on 31st December of the year in which the reduction is due
to be made, but, subject to any adjustments that may be or become
necessary for any reason whatsoever, and in so far as practicable,
shall be made from the monthly or other periodical payments of the
pension.
(4) Any officer or man to whom sub-article (1) applies shall
without delay inform the Director General (Social Security), and
keep him at all times informed, of all the circumstances which
render the said sub-article (1) applicable to him and the extent to
which it is so applicable, and of any change in the circumstances or
extent aforesaid, and shall give the Director General (Social
Security) on request, all relevant information; and if such officer or
man fails to comply with any of the provisions of this sub-article
any pension to which he may be entitled under these Articles shall
forthwith cease
Provided that on good cause being shown the pension or
other allowance may be restored, with or without retrospective
effect, by the Minister.
Part II
General Rules
1. The title of these Rules is the Armed Forces of Malta
Pension Rules.
2. Subject to the provisions of the Regulations, the Armed
Forces of Malta Pension Articles, hereinafter in these rules called
"the Articles", and of these Rules, every officer and man who has
been in the force for ten years or upwards, may be granted a
p en si o n a t t h e r a t e o f o n e f o u r h u n d r e d a n d f i f t i e t h o f h i s
pensionable emoluments for each complete month of pensionable
service, subject to the limit described in article 4 of the Articles.
3. The service in respect of which a pension may be granted
must be unbroken, except in cases where the service has been
interrupted by abolition of office, normal termination of engagement,
or voluntary retirement, and not arising from termination of service in
accordance with regulation 14(1) and (2) and regulation 45, that is on
ground of misconduct.
4. (1) For the purpose of computing the amount of the
pension of an officer or man who has had a period of not less than
three years’ pensionable service under the Articles before his
retirement -
(a) in the case of an officer or man who has held the same
office for a period of three years immediately
preceding the date of his retirement, the full annual
pensionable emoluments enjoyed by him at that date in
respect of that office shall be taken;
(b) in the case of an officer or man who at any time during
such period of three years has been posted from one
office to another, but whose pensionable emoluments
have not been changed by reason of such posting or
postings otherwise than by the grant of any scale
increments, the full annual pensionable emoluments
enjoyed by him at the date of his retirement in respect
of the office then held by him shall be taken;
(c) in other cases one third of the aggregate pensionable
emoluments enjoyed by the officer or man in respect
of his service during the three years of his service
immediately preceding the date of his retirement shall
be taken
Provided that -
(i)
if such one third is less than the highest annual
pensionable emoluments enjoyed by him at the
date of any posting within such period of three
years those annual pensionable emoluments
shall be taken; and
(ii) if such one third is less than the annual
pensionable emoluments which would have been
enjoyed by him at the date of his retirement, if
he had continued to hold any office from which
he has been posted at any time during such
period of three years, and had received all scale
increments which, in the opinion of the Minister
would have been granted to him, the annual
pensionable emoluments which would have been
so enjoyed shall be taken.
(2) For the purpose of determining under sub-rule (1) the
pensionable emoluments that an officer or man has enjoyed or
would have enjoyed, as the case may be, he shall be deemed -
(a) to have been on duty on full pensionable emoluments
throughout the period of three years immediately
preceding the date of his retirement; and
(b) to have enjoyed the benefit of any increase due to a
revision of salaries in the pensionable emoluments of
any office held by him as if such increase had been
payable throughout such period of three years.
(3) For the purpose of computing the amount of the pension of
an officer or man who has had a period of less than three years’
pensionable service before his retirement -
(a) the average annual pensionable emoluments enjoyed
by him during such period shall be taken;
(b) he shall be deemed to have been on duty on full
pensionable emoluments throughout such period;
(c) he shall be deemed to have enjoyed the benefit of any
increase due to a revision of salaries in the pensionable
emoluments of any office held by him as if such
increase had been payable throughout such period; and
(d) any periods during which he has been absent from duty
on leave without salary, granted on grounds of public
policy with the approval of the President, and during
which he has not qualified for pension in respect of
other public service.
(4) In no circumstances shall the pensionable emoluments to
be taken exceed the full annual pensionable emoluments enjoyed
by the officer or man at the date of his retirement in respect of the
office then held by him.
(5) In the case of an officer or man to whom rule 5(1)(c)
applies, the date of retirement shall -
(a) where such officer reaches the age of retirement; or
(b) where such officer would have but for his dismissal
completed 25 years’ service; or
(c) where such officer dies;
before his dismissal has been declared null by the competent
authority, be deemed to be the day on which he reaches the age of
retirement, or the day on which he would have completed 25 years’
service, or on which he died, whichever is the earlier, and his
pensionable emoluments to be taken into consideration shall be
those which he would have been receiving on such date had he not
been so dismissed.
5. (1) For the purpose of computing the amount of an
officer’s or man’s pension the following periods shall be taken into
account as pensionable service
(a) any periods during which he has been in service with
the colours;
(b) any periods during which he has been absent from duty
on leave with full salary;
(c) any period following dismissal from the force, where
such dismissal is subsequently declared to have been
invalid by a competent authority, up to the time of
reinstatement, or the date when such officer or man
would have completed 25 years’ service, or the day on
which such officer or man would have to retire
because of age, or the date when such officer dies,
whichever is the earlier;
And any periods during which he has been absent on leave other
than those specified above shall be deducted from the officers’ total
service in order to arrive at his period of pensionable service.
(2) For the purposes of sub-rule (1)(c) and of rule 4(5), the
term "dismissal" shall be deemed to include termination of service
in terms of regulations 14 and 45 of the Regulations, and
"dismissed" shall be construed accordingly.
6. Where an officer or man has performed acting service in a
pensionable office in the force, the period of such service may be
taken into account as pensionable service under the Articles
Provided that -
(a) the period of such acting service was not part of the
pensionable service of the previous holder of the office
and does not fall to be reckoned as part of the officer’s
or man’s own pensionable service under the
Regulations or Articles in the force;
(b) this period of service is immediately preceded, or
followed by service in a substantive capacity in the
force.
7. If an officer or man retires or is removed from the force in
consequence of the abolition of his office, or for the purpose of
facilitating improvements in the force, by which greater efficiency
and economy can be effected, he may be granted a pension
Provided, however, that if he has been in the force for less
than the qualifying period of ten years, he may be granted a pension
calculated in accordance with rule 2 as if there had been no
qualifying period
And provided also that the grant of such pension shall be
subject to the condition that he shall be liable to be recalled to
service in the force
Provided further that if such an officer or man is not
qualified for other employment in the force or if there is no reason,
in the opinion of the Minister, to expect that he can be shortly re-
employed, a pension may be granted to him free from the above
mentioned condition.
8. An officer or man whose office is abolished may be
granted an increase of his pension at the rate of one-sixtieth part of
his annual pensionable emoluments for each complete period of
three years’ pensionable service
Provided -
(a) the addition shall in no case exceed ten- sixtieths; and
(b) no addition shall be made so as to qualify an officer or
man for a pension of higher annual value than that for
which he would have been qualified by length of
service on reaching the age at which he may be
required to retire, or for a pension of higher annual
value than the maximum prescribed in article 4 of the
Articles.
9. Where an officer or man, has sustained a physical injury on
duty leading to a permanent disability -
(a) without his own default, and
(b) during the actual discharge of his duties, and
(c) is, due to such injuries, incapable of fulfilling any
other role in the Force, and
(d) has been duly certified by an Injuries Board composed
of medical and other professionals and appointed by
the Minister responsible for defence and including the
Force’s Principal medical officer,
such officer or man shall be entitled to pensionable emoluments as
if he had completed the twenty-five years service.
10. (1) Where an officer or man, without his own default, dies
as a direct and immediate consequence of him having carried out
the duties of his office, his pensionable emoluments shall be
granted to
(a) the surviving spouse or partner of the deceased until
such spouse remarries or such partner contracts
another union of equivalent status in accordance with
the Civil Union Act, or reaches pensionable age, or in
the absence of an eligible spouse or partner;
(b) the child or children of the deceased until such child or
children attain the age of eighteen years or until such
child attains the age of twenty-three years if attending
a full-time educational institution; or in the absence of
children;
(c) a parent or immediate family relative who was
dependent on him for maintenance for a period of five
years from the death of the officer or man subject to
the retention of a state of dependency
(2) For the purposes of sub-rule (1)(b), the pensionable
emoluments granted to the child or children shall be equally
divided and, in the case of minors, entrusted to their legal guardian
as defined in the Children and Young Persons (Care Orders) Act.
11. (1) Pensions, computed at the rate before mentioned, shall
only be granted in case of decidedly faithful and meritorious
service.
(2) Where the fidelity and diligence of the officer or man fall
short of the first degree of merit the computation may be made at
lower rates.
12. Pensions, gratuities and allowances payable under the Act
shall also be payable to the person of the force entitled thereto in
other Member States of t]e European Comrnunity net of any taxes
and transaction charges in accordance with Article 5 of Council
Directive 98149/EC of the 29th June, 1998 on safeguarding the
supplementary pension rights of employed and self-employed
persons moving within the Community.
13. Where any person of the force is posted in another Member
State of the European Community, such person shall be entitled to
receive adequate information as to the relative rights under rule 12.
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
Subject to any modifications and exceptions authorised by
the Minister after consultation with the Commander, the following
provisions of this regulation shall have effect with respect to the
appointments referred to hereunder
(1)
Staff employment -
(a) Appointments to the staff in the rank of colonel and
above shall be made by the Minister;
(b) Appointments to the staff of officers of the rank of
lieutenant colonel and below shall be made by the
Commander;
(c) The qualifications and procedure for staff
appointment, the tenure of appointment on the staff
and the termination of such appointment shall be such
as the Minister may from time to time determine.
(2)
Adjutant -
(a) The appointment of regimental adjutant shall be made
by the Commander upon a report by a commanding
officer of the names of the officers serving under his
command whom he recommends for appointment, and
confirming that the officer has not previously served
as such;
(b) Subject to any variations authorised by the
Commander in the interest of the service, the tenure of
appointment as adjutant shall be three years; and an
officer shall not, except in exceptional circumstances
and with the prior approval of the Commander have
his term prolonged or serve a second term;
(c) The relinquishment of an officer’s appointment as
adjutant shall be subject to the approval of the
Commander, who may also terminate such
appointment if he considers such action to be in the
interests of the service.
(3)
Officer-in-Charge Records -
(a) An officer not below the rank of major shall be
appointed by the Commander for duty as Officer-in-
Charge Records in the Finance and Records Office of
the Armed Forces of Malta;
(b) Subject to any variations authorised by the
Commander in the interests of the service, the tenure
of such appointment shall be three years.
(4)
Second-in-Command -
(a) Where authorised by establishment, a second-in-
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
command shall be appointed in the units of the force
commanded by a lieutenant-colonel, and such
appointment shall be made by the Commander;
(b) Subject to any variations authorised by the
Commander in the interests of the service, the tenure
of such appointment shall be not less than two and not
more than three years;
(c) The procedure for selection and the rules to be
followed with respect to the selection, posting and
relief of a second-in-command, shall be such as the
Minister may from time to time determine.
(5)
Commanding Officer -
(a) A commanding officer shall be appointed by the
Commander;
(b) Appointments shall be by selection and not by
seniority;
(c) Appointments to command shall be for a period of
three years.
(6)
Other appointments -
Other appointments shall be made by the Commander
in consultation with commanding officers and the
length of tour of duty of any of these appointments
shall be determined by the Commander in the interests
of the service.
(7)
Chaplains -
(a) Officiating chaplains shall be nominated by the
Minister for such term (renewable at the end thereof)
and under such conditions as he may deem
appropriate;
(b) The appointment may be terminated by the Minister at
any time or at the request of the chaplain concerned.
Added by
L.N. 130 of 1998.
(Regulation 59)
Amended by
L.N. 13 of 1999.
Statute of the Armed Forces of Malta Staff Association
(Deleted by Legal Notice 61 of 2015)
(1) Without prejudice to the terms and conditions
contained in their commission and in any other provision relating to
their conditions of service, officers shall be liable to universal
service and to extra-regimental employment
Provided that a subaltern shall not be extra-regimentally
employed until he has two years’ service.
(2) The normal tour of extra-regimental employment shall not
be less than two and not more than three years, but may be varied
by the Commander in the interests of the service.
(1) Saving the provisions of this regulation in regard to
accelerated promotions, promotion to the ranks specified below
shall be made subject to recommendation based on efficiency,
seniority and selection to fill a vacancy.
Combatant Officers
Lieutenant
Captain
Major
Lieutenant-Colonel
Colonel
Brigadier
B.
Non-Combatant Officers
(i)
Lieutenant (Medical Officer)
Captain (Medical Officer)
Major (Medical Officer)
Lieutenant Colonel (Medical Officer)
Colonel (Medical Officer);
(ii)
Lieutenant (Legal Officer)
Captain (Legal Officer)
Major (Legal Officer)
Lieutenant Colonel (Legal Officer)
Colonel (Legal Officer)
(iii) Any other non-combatant officer in possession of a
warrant to practise a profession relevant to the service,
as the Commander may from time to time determine
Provided that such officer shall not be capable of being
promoted to a rank equal to or exceeding that applicable
to the head of the Branch or Section where he performs
his duties.
(iv) Deleted by Legal Notice 272 of 2019.
(2) In exceptional cases, accelerated promotions may be
authorised, in the interests of the service, by the Commander.
(1)
Local rank may he granted -
(a) when it is necessary to raise the status of an officer
who, by virtue of his appointment, has to deal with
officers of higher rank of the forces of a foreign
country or senior officials or dignitaries of foreign
governments, or
(b) to officers who are posted to appointments carrying the
rank of lieutenant-colonel or above from the date of
joining the new unit and for the necessary period of
take over.
(2) Local rank confer no financial benefits unless specific
provision in that behalf is made in any regulations or orders made
under the Act.
(3) Local rank shall be relinquished on the date the holder
thereof ceases to fulfil the function for which local rank was
granted.
(1) Acting rank may be granted only by the Commander to
an officer who is selected to fill a vacancy above his substantive
rank in an approved establishment on a permanent or semi-
permanent basis.
(2) Where acting rank is held for more than twenty-one
consecutive days, pay of a higher rank shall be authorised from the
date of assumption of the acting rank.
(3) Acting rank shall be relinquished when the appointment in
the establishment is downgraded or when the officer ceases to fill
the appointment for which he was given acting rank.
(1) A regular officer who is eligible by length of service
for pension or gratuity, or who retires on account of ill-health
having been reported by the approved medical authority as being
unfit for military service, shall retain his substantive rank on
retirement.
(2) A regular officer who retains his substantive rank under
sub-regulation (1) may be granted the honorary rank equivalent to
the highest acting rank held by him in the force provided such rank
was held by him for an aggregate period of six months.
(3) The period of six months aforesaid my be disregarded if
the officer’s service in the acting rank was terminated by wounds or
sickness which involved absence from duty and subsequent
unemployment or cessation of service on the active list.
(4) The grant of honorary rank shall be granted only if the
officer concerned has given satisfactory service throughout his
career; and an officer may be deprived of his honorary rank on
conviction by a civil court or at the discretion of the Minister.
(5) Honorary rank shall be suspended automatically if an
officer is re-employed on the active list of the regular or territorial
force. At the end of any such service the ho norary rank so
suspended may be restored unless the officer has qualified for a
higher honorary rank during that service, in which case the higher
honorary rank may be granted.
A local, acting or honorary rank may, subject to any other
provision of these Regulations, be granted by the same authority
that has power to grant a corresponding substantive rank.
An officer may be compulsorily transferred from one corps
to another according to the exigencies of the service only if -
(a) a state of war exists between Malta and any foreign
power; or
(b) officers of the reserve are called out on permanent
service; or
(c) the Commander orders or approves the compulsory
transfer.
(1) Except as otherwise provided by or under these
Regulations, an officer shall retire on reaching the age of fifty-five
years but may be allowed to remain on the active list beyond this
age for such period or periods as the Minister may from time to tine
determine
Provided that an officer shall have the option to retire on, or
on any day after, completion of twenty-five years service, subject to
any service obligations and other terms which he may have entered
into by means of a form of undertaking, and subject to the officer
declaring his intent to retire to the Minister in writing, through the
Commander, not later than three months prior to his intended date of
retirement.
(2) For the purpose of computing the aforementioned twenty-
five years service, the following shall be considered as reckonable
service
(i) Special reckonable service,
(ii) Service in the force as a "man" of the force.
(3) Notwithstanding the provisions of sub-regulation (1), a
police officer commissioned in the force on or before the 1st
October, 1982 may opt to retire on any day on which he would have
been entitled to retire had he remained in the Malta Police Force
and all the provisions of the Pensions Ordinance which would have
been applicable to him had he remained in the Malta Police Force
shall be applicable to him on his retirement from the force; and for
the purposes of the said Ordinance service in the force shall count
as service in the Malta Police Force.
(4)
An officer who -
(a) reaches the age of fifty-five years; and
(b) has not upon reaching the said age completed twenty
five years of service in the force; and
(c) upon reaching the age of fifty-five years has his
engagement with the force terminated; and
(d) immediately upon his termination of engagement with
the force enlists in the Detention Service; and
(e) does not start receiving a pension in terms of these
regulations upon his termination of engagement with
the force
shall, notwithstanding any other provision of these regulations, be
entitled for the purposes of the computation of his pension under
these regulations to have his service with the Detention Service
reckoned as service in the force until such time as the aggregate of
service in the force and service in the Detention Service amounts to
twenty five years when such officer shall be entitled to receive a
pension in terms of these regulations computed on the basis of
twenty-five years of service in the force in accordance with the
Pensions Ordinance
Provided that an officer who after enlisting in the Detention
Service as stipulated in this sub-regulation leaves the said services
or has his enlistment therein terminated before completing a total
of twenty five years of service in accordance with this
subregulation shall be entitled to a pension to be computed on the
basis of the aggregate of his service in the force and of his service
in the Detention Service
(1) The provisions of this regulation shall apply to officers
in service on or after 1st October 2023
Provided that officers who retired during the year 2023
because they reached pension age or were medically boarded out
shall also benefit from these provisions
Provided further that these provisions shall apply to officers
who were reinstated as members of the force as long as they serve
for a period of at least four (4) years from the date of reinstatement,
as stipulated in sub-regulation (2).
(2) Save as otherwise expressly provided in the Act and any
subsidiary legislation m ade thereunder, an officer who has
completed the twenty-five (25) years of service and who decides to
remain in the force for an additional period of four (4) years shall
be entitled to an increase of twenty-three per cent (23%) in his
pension.
(3) If the officer continues to serve beyond the twenty-nine (29)
years in the service in accordance with sub-regulation (2), he shall
be entitled to an additional sum equivalent to six (6) months’ basic
salary for each additional year of service, which additional period
of service for the purposes of the said payment shall not exceed a
maximum of four (4) years of service.
(4) Without prejudice to sub-regulation (3), the officer shall be
granted a gratuity on a pro rata basis if a full year or years of
additional service have not been completed due to illness or if the
officer has reached retirement age as defined in the Social Security
Act.
(5) Gratuities in accordance with these regulations shall be
payable on retirement of the officer or on completion of thirty-three
(33) years of service
Provided that upon the request of the beneficiary, gratuities shall
be paid at the end of each of the four (4) years covered by this provision.
(6) Where an officer who has completed twenty-five (25) years
of service and has also satisfied the conditions set out in item 11(1)
of Part II of the Third Schedule opts to continue his service
thereafter, the said officer shall be entitled to the pension payable
upon the completion of twenty-five (25) years of service,
notwithstanding any event which may occur during the period
subsequent to the completion of the said twenty-five (25) years of
service and which may give rise to the applicability of the
provisions of item 11(2) of Part II of the Third Schedule
Provided that this shall be without prejudice to the
possibility of accruing additional pensions benefits
Provided further that the provisions of item 11(2) of Part II of
the Third Schedule shall apply to the pension payable to the officers
referred to in this regulation for the period subsequent to the completion
of the said twenty-five (25) years of service.
Where an officer dies before reaching his pension age as
defined in the Social Security Act, whether he is still in service as
well as if he already retired and is receiving a pension under the
Act, the surviving spouse or partner shall be paid a widows pension
for a period not exceeding five (5) years from the death of the said
officer, or until the date when the officer would have reached the
said pension age, whichever comes first. The widows pension shall
be equivalent to the proportion indicated in the Twelfth Schedule to
the Social Security Act, equivalent to two-thirds of the basic salary
of the officer on his death or on his retirement, as applicable
Provided that the pension shall only be granted if the said
officer has served in the force for a period of at least ten (10) years
Provided further that the provisions of this regulation shall
apply retroactively in case of officers who were deceased on or after
1st January 2022, but before the coming into force of these
regulations.
(1) An officer may, on application, be allowed to retire or
resign prematurely if the exigencies of the service permit
Provided that an officer may not be allowed to retire or resign
if he has been warned for overseas service or, if he has attended any
training course subjected to a service obligation, earlier than such
period, not exceeding twelve years, commencing with the date of
completion of such training course, as indicated in the form of
undertaking or as the Minister may determine.
(2) An officer retiring or resigning voluntarily shall have the
reserve liability specified in regulation 16.
(1) An officer may be called upon to retire or resign or
may be removed at any time by the Commander on grounds of
inefficiency, unsuitability or misconduct.
(2) An officer may be called upon to retire or resign or may be
removed in manner aforesaid on grounds of non-recommendation
or failure to pass promotion examination in such circumstances and
under such conditions as the Commander may determine.
(3) An officer may be called upon to retire or resign or may be
removed on account of ill-health if an approved medical authority
certifies him as being unfit for military service and that he is likely
to remain so permanently.
Where an officer is engaged on active service or on service
in a national emergency, he shall be liable to be compulsorily
retained on the active list beyond his normal retiring age.
Officers, other than officers in the Malta Reserve Pioneer
Corps, shall have a liability to serve in the Armed Forces of Malta
Regular Reserve of Officers up to the following ages -
(a) Brigadiers and Colonels ..........................57 years
(b) Lieutenant-Colonels and below ................ 55 years.
For the purposes of the Act, any rank or grade specified in
any column of the list set out below is declared to correspond with
the ranks or grades specified in relation to it in the other column of
that list.
Column
Column
A
B
Major
Senior Air Traffic Control Officer
Assistant Senior Air Traffic Control Officer
Captain
Air Traffic Control, Officer-in-Charge
Lieutenant
Air Traffic Control Officer.
Pay, allowances and pensions
The scales of pay and allowances for officers shall be such
as the Minister may from time to time determine and announce.
Officers commissioned in the force shall, in respect of
service in the force, be eligible to such pension or gratuity as may
be granted under the Pensions Ordinance to an officer holding a
pensionable office in Malta within the meaning of that Ordinance;
and the said Ordinance shall for such purpose apply to officers
commissioned in the force, their widows and legal representatives,
as th ey appl y to an offi cer hol ding a pensio nable o ffi ce as
aforesaid, his widow or legal representative, subject to such
adaptations and modifications as may be required and in particular
subject to the modification that the retiring ages for officers
commissioned in the forces are those specified in regulation 12,
and in the application of article 7, article 11(3) and article 18 of the
said Ordinance and of regulations 2, 9, 10 and 14 of the Pensions
Regulations to officers commissioned in the force, those articles
and regulations shall apply as they apply to members of the Police
Force
Provided that an officer commissioned in the force having
special reckonable service shall qualify for a pension independently
of the length of his reckonable service provided his retirement
takes place under either regulation 12 or regulation 14(3)
Provided further that service in command of the Territorial
Force shall be deemed to be pensionable service.
Officers commissioned on or after the 15th January, 1979
shall be eligible for a pension as may be granted in accordance with
the Articles and Rules contained in the Third Schedule.
PART II
Enlistment, service, promotion, transfer, employment and
discharge
Any officer of the force authorised in that behalf by the
Commander may enlist recruits in the force and such officer shall
be a recruiting officer for the purposes of the Act and of these
Regulations.
The notice to be given for the purposes of article 6(1) of
the Act shall be in the form set out in Part 1 of the Second
Schedule, and the attestation paper shall be in the form set out in
Part II of the said Schedule.
The procedure for enlisting a person in the force shall be
the following
(a) the recruiting officer shall warn the person to be
enlisted that if he makes any false answer to the
questions to be read out to him he will be liable to be
punished as provided by the Act;
(b) he shall then read, or cause to be read, to that person
the questions set out in the attestation paper and satisfy
himself that he understands each of those questions
and that his answers thereto have been duly recorded
in the attestation paper;
(c) he shall then ask that person to make and sign the
declaration set out in the attestation paper as to the
truth of the answers and shall administer to him the
oath of allegiance set out in the attestation paper;
(d) upon signing the declaration and taking the oath the
said person shall become a man of the force;
(e) the recruiting officer shall by signature attest, in the
manner required by the attestation paper, that the
requirements of the Act as to the attestation of the
recruit have been carried out and shall deliver the
attestation paper duly dated to the Officer-in-Charge
Records;
(f)
when the recruit is finally approved for service by the
commanding officer of the unit responsible for recruit
training, the officer by whom he is approved shall at
his request furnish him with a certified copy of the
attestation paper.
(1) Candidates shall be selected in such manner and
during such period or periods as the Minister may from time to time
determine.
(2) Candidates must satisfy such conditions for enlistment as
the Minister may from time to time determine and must be -
(a) citizens of Malta;
(b) certified to possess such minimum medical standards
as the Minister may from time to time determine;
(c) of good conduct.
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
(1) Recruits may, if the Commander so directs (within
generally or in particular cases) be enlisted in particular corps.
(2) The rights conferred by article 14(1) of the Act shall not be
exercisable by a recruit before the expiration of two months
beginning with the date of his attestation.
(1) Successful candidates shall be enlisted -
(a) on an initial engagement of three years with the
colours to count from the date of attestation or the
eighteenth birthday whichever is the later, or
(b) on a five year engagement with the colours to count
from the date of attestation, or
(c) where a man enlists on secondment from the public
service, on a three year engagement with the colours to
count from the date of attestation, or
(d) on a fourteen month engagement with the colours to
count from the date of attestation, or
(e) on an eighteen month engagement with the colours to
count from the date of attestation, or
(f)
on a twelve month engagement with the colours to
count from the date of attestation,
as the Minister may determine
Provided that the engagement shall be deemed to be
completed -
(i)
in the case of candidates who are enlisted on a
five year engagement but are over fifty-five
years of age on the date of enlistment, on their
attaining the age of sixty-one years or on
completion of the said period of engagement
whichever is the earlier; but such candidates
may opt to terminate their engagement on
attaining the age of sixty years;
(ii) in the case of candidates who are enlisted on a
three year engagement on secondment from the
public service on the date on which they are
recalled to the public service.
(2) There shall be no terminal benefits and, subject to the
provisions of sub-regulation (3) and (4), there shall be no reserve
liability on completion of -
(a) the initial engagement of three years, or
(b) the five year engagement, or
(c) the three year engagement, or,
(d) the fourteen month engagement, or
(e) the eighteen month engagement, or
(f)
the twelve month engagement,
referred to in sub-regulation (1).
(3) Male soldiers enlisted on a fourteen month engagement
sha ll ha ve a r es erve liability of te n y ears from the d ate of
termination of their engagement
Provided that male soldiers enlisted before 1st day of June,
1982 may be accepted for service in the reserve for such term.
(4) Male and female soldiers enlisted on a twelve or eighteen
month engagement shall have a reserve liability of twenty years
from the date of termination of their engagement.
(1) Such percentage of men enlisted on an initial
engagement under the immediately foregoing regulation as the
Minister may, according to the exigencies of the service, determine,
may be allowed to serve for a second engagement of nine years.
(2) A man who is allowed to serve for a second engagement as
aforesaid may, at the end of every three year period terminate his
service by giving a six months’ notice of his intention to terminate
his service to his commanding officer.
(3) A man who is allowed to serve for a second engagement as
aforesaid shall have a reserve liability equal to the balance, if any,
of nine years service uncompleted.
(1) Subject to the exigencies of the service, such
percentage of men on re-engagement under the immediately
foreg oing regulati on as the Mi nister m ay, according to t he
exigencies of the service, determine, may be allowed to serve for a
third engagement of ten years to complete twenty-two years’
service.
(2) A man serving a third engagement may, at the end of
fifteen years’ service, terminate his service by giving a six months’
notice of his intention to terminate his service to his commanding
officer; and a man with sixteen years reckonable service may
terminate his service at any time upon giving three months’ notice
as aforesaid.
(3) A man on a third engagement shall have a reserve liability
e q u a l t o t h e b a l a n c e , i f a n y, o f t w e n t y - t w o y e a r s ’ s e r v i c e
uncompleted.
A man shall not have any reserve liability beyond the age
of 55 years.
Notwithstanding any other provision of these regulations a
man of the force shall have his engagement terminated on reaching
the age of fifty-five years, but may be allowed to remain on the
active list beyond this age for such period or periods as the Minister
may, from time to time, determine.
Such percentage of men on a twenty-two years’
engagement as the Minister may, according to the exigencies of the
service, determine, may be allowed to continue their service
beyond twenty-two years on a yearly basis until the age of fifty-
five years but may be allowed to continue their service beyond this
age for such period or periods as the Minister may from time to
time determine.
Discharge from colour service, except at option points as
provided in the foregoing provisions of these Regulations, may be
purchased in such circumstances and against such payment as the
Minister may from time to time determine.
(1) Notwithstanding any other provision of these
Regulations, any person who on 30th September 1970 was serving
with a Maltese unit of the forces of the United Kingdom of Great
Britain and Northern Ireland or was serving full-time with the
territorial force and who elects to join the force with effect from 1st
October, 1970, may, on such latter date be attested in accordance
with the Act and with these Regulations and any person so attested
shall be enlisted under the following terms
(a) all such persons (irrespective of their type of
engagement) shall be deemed to have been originally
enlisted on a twenty-two year engagement and shall be
allowed to serve in the force for any balance of service
which would enable them to complete a total of
twenty-two years service, inclusive of all special
reckonable service and, thereafter, may be allowed to
continue that engagement on a yearly basis until the
age of fifty-five years or until such subsequent age as
the Minister may from time to time determine;
(b) any such person who completes his twenty-two years
service (reckoned as aforesaid) before his fifty-fifth
birthday may be allowed to continue in the service up
to the age or until such subsequent age as the Minister
may from time to time determine subject to the current
quota permitted for such extensions;
(c) any such person shall be allowed to serve beyond his
fifty-fifth birthday or beyond such subsequent age as
the Minister may from time to time determine if this
should occur before he has fully completed a total of
twenty-two years’ service reckoned as aforesaid, until
such total service is completed;
(d) any such person may opt to be discharged from colour
service at the end of six years’ reckonable service and
at the end of any succeeding three year period, by
giving six months’ notice of his intention to terminate
his service to his commanding officer; and any such
person with sixteen years reckonable service may
terminate his service at any time upon giving three
months’ notice as aforesaid;
(e) the reserve liability of any such person will be -
(i)
of six years if the discharge is at the end of six
years’ reckonable service;
(ii) of three years if the discharge is at the end of
nine years’ reckonable service;
(iii) the balance of twenty-two years’ service
uncompleted if the discharge is at the end of
twelve years or more reckonable service;
(f)
all such persons holding substantive or acting warrant
officer or non-commissioned officer rank in the
Maltese unit aforesaid on 30th September, 1970 will
be granted the same rank and seniority in the force
with effect from 1st October, 1970;
(g) in all other respects these Regulations shall apply
Provided that -
(i)
any such person who is over the age of twenty-
six years but under the age of thirty-five years
shall be enlisted for a twelve year engagement,
inclusive of all special reckonable service;
(ii) any such person who is over the age of thirty-
five years shall be enlisted for a twelve year
engagement commencing on 1st October, 1970,
and, thereafter may be allowed to continue that
engagement on a yearly basis until the age of
fifty-five years or until such subsequent age as
the Minister may from time to time determine.
A police officer enlisted in the force on or before the 1st
October, 1982 may opt to terminate his service on any day on
which he would have been entitled to retire had he remained in the
Malta Police Force and all the provisions of the Pensions
Ordinance which would have been applicable to him had he
remained in the Malta Police Force shall be applicable to him on
his termination of service from the force; and for the purposes of
the said Ordinance service in the force shall count as service in the
Malta Police Force.
(1) A man of the force shall have the option to retire on, or
on any day after, completion of twenty-five years service, subject
to any service obligations and other terms which he may have
entered into by means of a form of undertaking and subject to him
giving three months notice of his intention to retire in writing, to
the Commander through his Commanding Officer, accordingly
Provided that a man of the force may not be allowed to retire
or resign if he has been warned for overseas service or, if he has
attended any training course subjected to a service obligation, earlier
than such period, not exceeding twelve years, commencing with the
date of completion of such training course, as indicated in the form of
undertaking or as the Minister may determine.
(2) For the purposes of sub-regulation (1), special reckonable
service shall be considered as service for the computation of the
twenty-five years service.
(3)
An man of the force who -
(a) reaches the age of fifty-five years; and
(b) has not upon reaching the said age or upon having his
enlistment with the force terminated at an age of more
than fifty five years and less than sixty-one years
completed twenty-five years of service in the force;
and
(c) upon reaching an age of at least fifty-five years but
less than sixty-one years has his engagement with the
force terminated; and
(d) immediately upon his termination of engagement with
the force enlists in the Detention Service; and
(e) does not start receiving a pension in terms of these
regulations upon his termination of engagement with
the force,
shall, notwithstanding any other provision of these regulations, be
entitled for the purposes of the computation of his pension under
these regulations to have his service with the Detention Service
reckoned as service in the force until such time as the aggregate of
service in the force and service in the Detention Service amounts to
twenty-five years when such man of the force shall be entitled to
receive a pension in terms of these regulations computed on the
basis of twenty five years of service in the force in accordance with
the Articles and Rules contained in the Third Schedule
Provided that a man of the force who after enlisting in the
Detention Service as stipulated in this sub-regulation leaves the
said services or has his enlistment therein terminated before
completing a total of twenty five years of service in accordance
with this sub-regulation shall be entitled to a pension to be
computed on the basis of the aggregate of his service in the force
and of his service in the Detention Service.
(Deleted by Legal Notice 227 of 2008).
(1) Promotion shall be made subject to recommendation
based on efficiency, seniority, qualifications and selection to fill a
vacancy.
(2) Subject to these regulations, the procedure to be followed,
the tests to be passed, the military and other qualifications required,
the age limits to be observed and other conditions for promotion
shall be such as the Minister may from time to time determine.
(3) Outstanding warrant officers and noncommissioned
officers may be considered for accelerated promotion provided
that, in addition to any requirements required under the foregoing
sub-regulations, they have earned at least two recommendations for
accelerated promotion in three consecutive annual confidential
reports.
(4) Reckonable service shall be allowed to reckon for
promotion.
(1) The Commander shall from time to time lay down the
percentage of the establishment of warrant officers and non-
commissioned officers which may be filled by substantive ranks.
(2) Any balance which is not filled by substantive ranks and
any deficiency resulting from holders of substantive ranks being
temporarily non-effective may be made up by the grant, subject to
the control of the Officer-in-Charge Records, of acting rank in
accordance with the provisions contained in instructions issued for
this purpose by the Commander.
(3) Acting rank may be retained during a period of probation
which includes an army course.
(4) Authority for the grant of local rank may be given by the
Commander under the circumstances stipulated in the instructions
aforesaid.
(1) For the purposes of the Act, any rank or grade specified
in any column of the list set out below is declared to correspond
with the rank or grade specified in relation to it in the other column
of that list.
Column
Column
A
B
Warrant Officer
Senior Assistant Controller
Senior Non-Commissioned
Assistant Controller.
Officer
(2)
The ranks listed in Column B are Non-Combatant ranks.
(1) A warrant officer or a non-commissioned officer may,
with the consent of his commanding officer, voluntarily revert to a
lower rank.
(2) The commanding officer shall, before consenting to such
reversion, satisfy himself that there is no disciplinary action
pending or outstanding against the man concerned.
(3) For the purposes of such reversion a certificate shall be
signed by the man and personally countersigned by the
commanding officer that the reversion is voluntary, and such
certificate shall be attached to the man’s documents.
(4) Seniority in the rank to which the man reverts shall count
from the date of his original promotion to that rank.
(5) A man reverting to a lower rank under this regulation shall
remain ineligible for further promotion until such time as the
Officer-in-Charge Records receives an application from the man,
countersigned by his commanding officer, that he wishes to be
reconsidered for promotion under the normal rules.
(1) Where a substantive warrant officer or non-
commissioned officer is by reason of unsuitability or inefficiency
of a nature which does not warrant disciplinary action undeserving
of retention in his substantive rank, his commanding officer, may,
after giving him three months warning in writing to that effect,
apply to the Commander for the reduction in rank of the warrant
officer or non-commissioned officer concerned.
(2) At the time the warning aforesaid is given the warrant
officer or non-commissioned officer concerned shall, if practicable,
be cross-posted to another company or equivalent sub-unit under
the same commanding officer for the period of the warning and
shall be given adequate opportunity to improve.
(3) All applications under sub-regulation (1) shall state the
rank to which the reduction is recommended and shall be
accompanied by the following documents
(i)
a full statement by the commanding officer
giving the reasons for the recommended
reduction;
(ii) a copy of the warning notice aforesaid;
(iii) a copy of the conduct sheet and record of service
of the man concerned;
(iv) any statement the man concerned may wish to
make,
(v) the
recommendations
of
intermediate
commanders.
A commanding officer may, on grounds of inefficiency or
unsuitability -
(a) order any warrant officer class II, non-commissioned
officer or soldier to relinquish any acting rank which
he may be holding and to revert to his substantive
rank;
(b) order any warrant officer, non-commissioned officer or
acting non-commissioned officer to be removed from
any appointment which he may be holding and to
assume any other appointment appropriate to his rank
or acting rank;
(c) order any substantive lance-corporal to be reduced to
the ranks.
(1) A warrant officer or non-commissioned officer who is
reduced to a lower rank for inefficiency or unsuitability under these
Regulations, shall be placed in the promotion roll in the lower rank
according to the date he was originally promoted to that rank. If he
has never served in the lower rank before reduction, the Officer-in-
Charge Records shall grant the man such seniority in the lower rank
as will place him in the zone for promotion to the next higher
substantive rank at the expiration of the relevant period specified in
sub-regulation (2); and if two or more warrant officers or non-
commissioned officers are reduced simultaneously, the Officer-in-
Charge Records shall grant seniority in the lower rank so as to
maintain their relative seniority.
(2) Warrant officers and non-commissioned officers who are
reduced to a lower rank for inefficiency or unsuitability shall not,
unless they merit promotion for distinguished service, be eligible
for substantive or acting promotion to a higher rank -
(a) if reduced to a rank not below corporal, before the
expiration of eighteen months;
(b) if reduced to the rank of lance-corporal before the
expiration of twelve months
Provided that if the reduction is to the rank of private,
promotion to lance-corporal may be granted under the normal rules
at any time.
(3) At the expiration of the time limits specified in sub-
regulation (2), the man may be promoted to the next higher rank
under the normal rules, or he may be promoted to the next higher
substantive rank, if he is recommended and is qualified, provided
that -
(a) where such promotion is granted by selection to fill a
vacancy, a vacancy exists in the rank quota for the
higher rank; or
(b) where such promotion is dependent wholly on time,
the promotion is authorised by the Officer-in-Charge
Records.
(4) A man promoted to the acting or to the substantive rank of
lance-corporal under sub-regulation (2) shall not be further
promoted before the expiration of twelve months of his reduction to
the rank of private.
(5) A warrant officer or non-commissioned officer holding an
appointment which carries a minimum rank who is reduced for
inefficiency or unsuitability to a rank below the minimum for the
appointment shall be deprived of such appointment and, in
accordance with instructions of the Officer-in-Charge Records,
shall either be returned to the roll appropriate to his original trade
or be re-classified in a trade on a roll appropriate to the
circumstances of the case. Any such warrant officer or non-
c o m m is s i o n e d o ff i c e r s h a l l n o t b e r e - a p p o i nt e d b e f o r e t h e
expiration of eighteen months.
(6) When re-promotion is approved, seniority will reckon from
the date of such substantive promotion and shall in no case confer
any retrospective financial advantage.
(7) Further promotion which may follow any initial promotion
after reduction in a rank may be granted under the normal rules,
subject to the provisions of sub-regulation (3); and where such
further promotion is granted the following rules as to seniority
shall apply -
(a) in the case of men on vacancy promotion, seniority in
the new rank shall reckon from the latest date of
substantive promotion to that rank;
(b) in the case of men on time promotion, only service
rendered after the date on which the man was reduced
in rank will count as service reckonable for promotion
Provided that, individual cases may be considered jointly
by the Officer-in-Charge Records and the man’s commanding
o ff i c e r a t t h e t i m e , a n d i f t h e ci r c u m s t a n c e s s o j u s t i f y t h e
commanding officer may recommend to the Commander such re-
grant of seniority as is thought fit, so however that the seniority so
re-granted shall not be greater than that which the man would have
held but for his reduction in rank.
The following provisions shall have effect with respect to
the transfer of a man from one corps to another where such transfer
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
is consented to or requested by the man concerned
(a) If a warrant officer or a non-commissioned officer
consents to or requests a transfer, the Officer-in-
Charge Records will inform him as soon as practicable
whether he may retain his substantive rank on transfer
and will notify him what substantive rank and
seniority in his new corps can be granted if his transfer
is approved. If a vacancy in his rank does not exist or
if his qualifications and experience do not qualify him
for transfer in his substantive rank and he is unwilling
to accept the rank and seniority offered he shall be
entitled to withdraw his request or consent. In such
circumstances as would entitle a man to withdraw his
request or consent, a transfer shall not be authorised
unless -
(i)
the man concerned is willing to revert
voluntarily to a substantive rank in which he can
be accepted; or
(ii) the transfer arises out of a recommendation for
re-employment and the man is to be reduced in
rank under the provisions of the Act or of any
regulations made thereunder.
(b) A man who consents to a transfer to another corps
shall not be permitted at any future time to be re-
transferred to his former corps unless such re-transfer
is in the interest of the service.
(c) A transfer will take effect from the date on which a
man is taken on the strength of his new corps and such
man shall be struck off the strength of his previous
corps with effect from the preceding day.
(d) Unless otherwise ordered by the competent military
authority, a man shall be retained on the strength of his
corps during the period of probation which he may be
required to spend with the corps to which he has
requested or consented to be transferred, and the
transfer shall unless otherwise ordered as aforesaid, be
authorised with effect from the date following the
completion of such probation or the date on which the
vacancy occurs in the corps to which the man is being
transferred, whichever is the later date
Provided that where such period of probation as
aforesaid includes a military course, the man may be
struck off the posted strength of his corps with effect
from the first day of attachment to the other corps.
(1) In addition to any other case provided for by the Act or
of any regulations, rules or orders made thereunder, colour service
may be terminated in the cases and manner hereafter provided
(a) a recruit who has been attested but has not been finally
approved may be rejected and discharged by his
commanding officer on any of the following grounds -
(i)
that he is unlikely to become an efficient soldier;
or
(ii) that he is a misfit or an undesirable influence; or
(iii) that he is likely to bring discredit on the service,
or
(iv) for any other reason in the interest of the
service;
(b) a junior leader who has not been finally approved for
engagement in man’s service, may be rejected and
discharged by the Commander on grounds of
inefficiency, misconduct or failure to maintain the
standards of training set at any time up to final
approval as aforesaid;
(c) a man of the force who during his service is convicted
by a civil court of an offence committed before his
enlistment, or is convicted of an offence against article
18 or 66 of the Act, may have his colour service
terminated by the Commander;
(d) a man of the force whose retention in the service is
considered undesirable on account of -
(i) inefficiency; or
(ii) persistent petty breaches of discipline
insufficient to warrant discharge for misconduct
under paragraph (e); or
(iii) persistent indebtedness which has led to
inefficiency or to indiscipline or to any action by
the man that has repeatedly brought the service
into disrepute,
and in respect of whom the provisions of sub-
regulation (2) have been observed, may have his
colour service terminated by the Commander;
(e) a man of the force who during his service has been
sentenced -
(i)
by a civil court or a court-martial to
imprisonment; or
(ii) by a civil court to detention; or
(iii) by a court-martial to a period of detention which
on confirmation is for twelve months or more,
shall be discharged unless in the opinion of the
Commander his retention is desirable in the interests
of the service;
(f)
a man of the force who has been convicted by a civil
court or by court-martial of an offence involving -
(i) serious dishonesty or violence; or
(ii) disgraceful conduct of a cruel, indecent or
unnatural kind; or
(iii) contravention of any enactment relating to
dangerous drugs,
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
but has been awarded a lesser sentence than would
warrant discharge under paragraph (e), may be
discharged by the Commander if, on the commanding
officer’s recommendation to that effect, he considers
the man’s discharge to be in the interests of the
service
For the purposes of this paragraph a person who has
been placed on probation or has been discharged
absolutely or conditionally by a civil court shall not be
deemed to have been convicted;
(g) a deserter who in manner provided by article 87 of the
Act has signed a written confession that he has been
guilty of desertion may be discharged by the
Commander, whether or not he has been sentenced by
court-martial for that offence;
(h) a man of the force may be discharged by the
commanding officer if he has become medically unfit
for further service and is likely to remain so
permanently, and is so certified in manner satisfactory
to the commanding officer;
(i)
the Commander may permit the termination of service
by a man of the force free of charge at his request on
compassionate grounds;
(j)
a man of the force with more than three months’
service may, at his request, be allowed to terminate his
service by the Commander against payment of such
sum as the Minister may from time to time determine;
(k) a man of the force may be discharged by the
Commander in any case in which the Commander is
satisfied that, in the interest of the service, a man’s
service is no longer required or should he terminated;
(1) a man of the force shall be discharged on appointment
to a commission in the force;
(m) the Commander may permit a man of the force to
terminate his engagement in order to re-enlist on
another engagement.
(2)
The provisions referred to in sub-regulation (1)(d) are
(a) a man whose discharge is under consideration shall be
informed by his commanding officer of his
shortcomings and shall be warned by him in writing -
(i)
that if his efficiency or conduct does not
improve within three months, his discharge
would be applied for, and
(ii) that if he persists in committing petty breaches
of discipline, his immediate discharge will be
applied for;
and the man concerned shall be asked to sign the
written warning in acknowledgement;
(b) a copy of the warning or of the signed warning, as the
case may be, shall be sent to the Officer-in-Charge
Records who shall retain it for the period of its
validity, and shall then either retain it as proof that the
man was properly warned if the man is discharged
under the sub-paragraph aforesaid or destroy it if the
warning period lapses and the man is retained in the
service;
(c) after the written warning has been given, the man
shall, if practicable, be cross-posted to another
company or equivalent sub-unit under the same
commanding officer for the period of the warning and
shall be given adequate opportunity to improve;
(d) if breaches of discipline continue after the written
warning has been given, the commanding officer may
apply to the Commander for the man’s discharge,
notwithstanding that the warning period may not have
expired, and in such case the Commander may
authorise the immediate discharge of the man if he
considers such action essential for disciplinary
reasons;
(e) if by the end of the warning period the man concerned
has not shown satisfactory improvement the
commanding officer shall apply for his discharge
unless he considers that further time should be
granted, in which case he shall re-impose the warning
for a further period of three months, but shall not give
any further extensions of time;
(f)
if a man’s discharge is not applied for within one week
of the expiration of the warning period, the warning
shall lapse and the commanding officer shall notify the
Officer-in-Charge records to that effect.
(3) An officer cadet who fails to reach the required standard at
the military academy or other similar institution to which he has
been entered under regulation 3 may terminate his engagement
without completing his three years service as a soldier.
Pay, allowances and pensions
The scales of pay and allowances for men of the force shall
be such as the Minister may from time to time determine and
announce.
Men of the force shall, in respect of service in the force, be
eligible to such pension or gratuity as may be granted under the
Pensions Ordinance to an officer holding a pensionable office in
Malta within the meaning of that Ordinance; and the said
Ordinance shall for such purpose apply to men of the force, their
widows and legal representatives, as they apply to an officer
holding a pensionable office as aforesaid, his widow and legal
representative, subject to such adaptations and modifications as
may be required and in particular subject to the modifications
required by the difference in the length of normal service, and in
the application of article 7, article 11(3) and article 18 of the said
Or d i na nc e a n d r e g u la ti o n s 2 , 9 , 1 0 a nd 14 o f t he P e n s i on s
Regulations to men in the force, those articles and regulations shall
apply as they apply to members of the Police Force
Provided that, subject to regulation 26(2), a man of the
force having special reckonable service shall qualify for a pension
independently of the length of his reckonable service provided he
completes or has opted to complete a twenty-two year engagement
Provided further that in respect of men of the force having a
special reckonable service by reason of full-time service, between
1st April 1965 and 1st October, 1970, with the territorial force,
such special reckonable service shall be deemed to be pensionable
service.
Men of the force, enlisted on or after the 15th January,
1 9 7 9 , s h a l l b e el i g i b l e f o r a p e n s i o n a s m a y b e g r a n t e d i n
accordance with the Articles and Rules contained in the Third
Schedule.
(1)
The provisions of this regulation shall apply to
men of the force who are in service on or after 1st October 2023
Provided that men of the force who retired during the
year 2023 because they reached pension age or were medically
boarded out shall also benefit from these provisions
Provided further that these provisions shall apply to men
of the force who were reinstated as members of the force as long as
they serve for a period of at least four (4) years from the date of
reinstatement, as stipulated in sub-regulation (2).
(2)
Save as otherwise expressly provided in the Act and any
subsidiary legislation made thereunder, a man of the force who has
completed the twenty-five (25) years of service and who decides to
remain in the force for an additional period of four (4) years shall be
entitled to an increase of twenty-three per cent (23%) in his pension.
(3)
If a man of the force continues to serve beyond the
twenty-nine (29) years in the service in accordance with sub-
regulation (2), he shall be entitled to an additional sum equivalent to
six (6) months’ basic salary for each additional year of service, which
additional period of service for the purposes of the said payment shall
not exceed a maximum of four (4) years of service.
(4)
Without prejudice to sub-regulation (3), the man of the
force shall be granted a gratuity on a pro rata basis if a full year or
years of additional service have not been completed due to illness or if
the man of the force has reached retirement age as defined in the Social
Security Act.
(5)
Gratuities in accordance with these regulations shall be
payable on retirement of the man of the force or on completion of
thirty-three (33) years of service
Provided that upon the request of the beneficiary,
gratuities shall be paid at the end of each of the four (4) years covered
by this provision.
(6)
Where a man of the force who has completed twenty-five
(25) years of service and has satisfied the conditions set out in item
11(1) of Part II of the Third Schedule opts to continue his service
thereafter, the said man of the force shall be entitled to the pension
payable upon the completion of twenty-five (25) years of service,
notwithstanding any event which may occur during the period
subsequent to the completion of the said twenty-five (25) years of
service and which may give rise to the applicability of the provisions of
item 11(2) of part II of the Third Schedule
Provided that this shall be without prejudice to the
possibility of accruing additional pensions benefits
Provided further that the provisions of item 11(2) of Part II
of the Third Schedule shall apply to the pension payable to the men of
the force referred to in this regulation for the period subsequent to the
completion of the said twenty-five (25) years of service.
Where a man of the force dies before reaching his
pension age as defined in the Social Security Act, whether he is still in
service as well as if he already retired and is receiving a pension under
the Act, the surviving spouse or partner shall be paid a widows pension
for a period not exceeding five (5) years from the death of the said man
of the force, or until the date when the man of the force would have
reached the said pension age, whichever is the earliest. The widows
pension shall be equivalent to the proportion indicated in the Twelfth
Schedule to the Social Security Act, equivalent to two-thirds of the
basic salary of the man of the force on his death or on his retirement, as
applicable
Provided that the pension shall only be granted if the said
man of the force has served in the force for a period of at least ten (10)
years
Provided further that the provisions of this regulation shall
apply retroactively in case of men of the force who were deceased on
or subsequent to 1st January 2022, but before the coming into force of
these regulations.
PART III
Officers and Men
Leave
(1) The leave year shall begin on the 1st April of one year
and end on the 31st March of the following year.
(2) Subject to the exigencies of the service, the entitlement to
annual leave shall be as follows
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE
(a) Officers - 42 days in respect of a full year’s service
(b) Sergeants and above - 42 days in respect of a full
year’s service
(c) Corporals and below - 30 days in respect of a full
year’s service.
(3) When it is necessary to postpone, or stop leave or recall
individuals already on leave, the reasons shall be explained to the
person concerned.
(4) Individuals entering or leaving the service during the leave
year shall be eligible for leave on a proportionate basis; and where
the rank of an individual is changed during a leave year, leave
entitlement shall be assessed in proportion to the period of service
in each rank.
(5)
For the purposes of this regulation
(a) references to a rank include references to substantive,
acting and local rank,
(b) periods in detention or forfeited periods of service
shall not count as service for the purpose of reckoning
a man’s eligibility for annual leave.
(1) Personnel posted
overseas
shall
be
granted
embarkation leave as follows -
(a) 7 days if posted to any place in Europe;
(b) 14 days if posted elsewhere.
(2) On reversion to Malta from any overseas station, personnel
shall be eligible for disembarkation leave, to be taken on arrival in
Malta, at the following scales
(a) in respect of service overseas for more than three but
less than six months - 7 days;
(b) in respect of the first completed six months overseas -
14 days;
(c) in respect of every completed month overseas in
excess of six months - 1 additional day.
(1) Compassionate leave may be granted in any of the
following cases
(a) death, imminent death or dangerous illness of spouse,
child, parent or other recorded next of kin;
(b) for urgent reasons of an exceptional or personal nature,
when the presence of the individual concerned is
essential to lessen domestic hardship.
(2) Except in extreme urgency, the compassionate
circumstances shall be verified before leave is granted. In cases of
extreme urgency leave may be granted immediately and the
circumstances investigated as soon as possible afterwards.
(3)
Authority to grant compassionate leave shall be as follows
(a) for periods not exceeding 28 days - Commanding
Officer;
(b) for any extension beyond 28 days - Commander.
(4) Compassionate leave shall not count against eligibility for
annual leave.
(5) In respect of personnel serving overseas, the Commander
may authorise compassionate leave with travel at public expense if
the situation so warrants.
(1) Special medical leave may be authorized, provided it
is recommended by the medical officer, as follows
(a) for periods not exceeding 28 days - Commanding
Officer;
(b) for any extension beyond 28 days - Commander
(2) Personnel who are unable to report for duty due to illness
shall contact their unit as soon as practicable.
Terminal leave of a continuous period of twenty-eight days
ending on the last day of service shall be granted to -
(a) officers who are compulsorily retired or who retire on
reaching the age of compulsory retirement;
(b) men who are compulsorily discharged for reason other
than disciplinary reasons or have completed their
current engagement and do not re-engage.
(1) All leave shall be recorded on the individual’s record
or leave.
(2) The following types of leave shall be published in the
relevant orders -
(a) medical leave when pay is affected;
(b) terminal leave.
(1) Officers and men shall be entitled to free medical
treatment by a medical officer appointed for that purpose, in a
medical centre equipped for that purpose.
(2) Officers and men shall be entitled to hospitalisation without
any charge to them.
(3) Officers and men who are unable to report for duty due to
illness or injury shall be visited by the medical officer during
working hours. Special arrangements shall be made for treatment of
urgent cases outside working hours.
(1) Families of officers and men shall be entitled to free
medical treatment by the medical officer provided they report for
such treatment to the medical centre during working hours.
(2) Special arrangements shall be made for those cases of
families who require urgent medical treatment at their residence.
Officers and men shall be entitled to dental treatment
without any charge to them.
Notwithstanding the provisions of regulations 55, 56 and
57, officers and men who join the force after the 19th April, 1973,
shall be entitled to such medical and dental facilities as the
Minister may from time to time determine.
(Deleted by Legal Notice 61 of 2015).
APPOINTMENTS AND CONDITIONS
OF SERVICE OF THE REGULAR FORCE