MALTA ACADEMY FOR THE ARTS ORDER

SUBSIDIARY LEGISLATION 327.437

MALTA ACADEMY FOR THE ARTS ORDER

27th November, 2012

LEGAL NOTICE 410 of 2012, as amended by Legal Notice XXIX of

2019.

The title of this Order is the Malta Academy for the Arts

Order.

The object of this Order is to establish and provide for

matters related to the Malta Academy for the Arts as an entity

established in terms of article 49 of the Education Act.

In this Order, unless the context otherwise requires -

"the Academy" means the Malta Academy for the Arts;

"the Act" means the Education Act;

"Board of Governors" means the Board established by article 9;

"Board of Studies" means the Board established by article 11;

"the Chairman" means the Chairman of the Board of Governors

of the Malta Academy for the Arts;

"the Deputy Chairman" means the Deputy Chairman of the Board

of Governors of the Malta Academy for the Arts;

"the Director" means the Director of the Malta Academy for the

Arts with such functions and responsibilities as established in

article 16;

"Malta Qualifications Framework " has the same meaning

assigned to it by article 63 of the Act;

"the Minister" means the Minister responsible for education;

"the Permanent Secretary" means the person appointed to

supervise educational provision in Malta in terms of the Public

Administration Act;

"the Principal Permanent Secretary" means the person appointed

in terms of article 14 of the Public Administration Act;

"programme" has the meaning assigned to it by article 63 of the

Act;

"provider" has the meaning assigned to it by article 63 of the

Act;

"qualification" has the same meaning assigned to it by article 63

of the Act.

The provisions of this Order shall be without prejudice to

the functions of the Principal Permanent Secretary under the Public

Administration Act and to his powers to issue directives and

guidelines with respect to government agencies.

(1) The Academy shall be a body corporate having a

distinct legal personality and shall be capable, subject to the

provisions of the Act and of this Order, of entering into contracts,

of acquiring, holding and disposing of any kind of property for the

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

such things and entering into all such transactions as are incidental

or conducive to the exercise or performance of its functions under

the Act and this Order.

(2) The legal and juridical representation of the Academy shall

vest in the Director, provided that the Board of Governors may

appoint any one or more of its members or of the officers or

employees of the Academy to appear in the name and on behalf of

the Academy in any judicial proceedings or in any act, contract,

instrument or any other document.

(3) The Academy shall assume the legal personality previously

vested in the following schools within the Directorate for Lifelong

Learning of the Ministry responsible for Education

(a) the Johann Strauss School of Music (Malta);

(b) the School of Arts (Malta);

(c) the Malta Drama Centre (Mikiel Ang Borg, Malta);

(d) the School of Music (Sannat, Gozo);

(e) the School of Arts (Għajnsielem, Gozo); and

(f)

the School of Drama (Nadur, Gozo);

and from the date of entry into force of this Order, the Academy

shall assume responsibility for all assets, liabilities and obligations

previously entered into by the said schools or by other bodies on

their behalf.

The official languages of the Academy are Maltese and

English. The Academy may use either of both languages for official

purposes.

(1) The Academy shall be a centre of specialisation in

visual and performing arts education. In fulfilling its mission, the

Academy shall adhere to the following principles

(a) the provision of a learner-centred curriculum and

which promotes creativity, innovation, participation,

reflection, personal independence and the holistic

development of learners;

(b) the provision of an inclusive learning environment,

ensuring equitable access to all persons irrespective of

any diversity;

(c) the promotion of professional development through

lifelong learning opportunities for all types of learners;

(d) the provision of individual guidance and mentoring to

learners;

(e) the development of artistic excellence and professional

skills of learners, enabling them to fulfil their potential

within the Cultural and Creative Industries;

(f)

the promotion of internationalisation and inter-cultural

cooperation;

(g) the ongoing development and strengthening of visual

and performing arts within the Cultural and Creative

Industries as a key element of education in Malta;

(h) through its operations, the promotion of local talent

and generally of the Maltese culture and tradition;

(i)

through its operations, the promotion of the

development of the visual and performing arts sector

within the Cultural and Creative Industries; and

(j)

the enhancement of mobility, recognition and quality

of visual and performing arts education.

(2) The Academy shall ensure synergy and collaboration with

private entities and voluntary organisations which provide visual

and performing arts education, and also with other organisations,

including local band clubs, dance, art and drama organisations.

(3) The Academy shall aim to enhance the quality of teaching

professionals in the visual and performing arts sector.

(4)

The Academy for the Arts shall offer the following

(a) visual and performing arts programmes at the levels up

to and including level 5 of the Malta Qualifications

Framework;

(b) with the approval of the Minister, visual and

performing arts programmes at levels 6 to 8 of the

Malta Qualifications Framework;

(c) opportunities for undertaking new and alternative

pathways in compulsory education within the

Academy, with a focus on one or more of the visual

and performing arts core subjects, including music,

art, drama and dance; and

(d) short, industry-based courses to service and support

the needs of the Cultural and Creative Industries.

(1) The governing bodies of the Academy shall be the

following

(a) the Board of Governors; and

(b) the Board of Studies.

(2)

The principal officers of the Academy are

(a) the Chairman;

(b) the Director;

(c) the Heads of Institutes; and

(d) the Branch Managers.

(1) The Board of Governors shall be the highest governing

body of the Academy. It shall be composed of not less than seven

and not more than nine members to be appointed by the Minister

for a period of three years and the members shall be eligible to be

re-appointed after their term of office expires. The members of the

Board shall serve in their personal capacity.

(2) The Minister shall appoint from among the members of the

Board of Governors a Chairman and a Deputy Chairman. Where the

Chairman is abroad or for any other reason, for a temporary period,

is unable to perform his functions, the Deputy Chairman shall act

as Chairman and shall perform the powers and functions of the

Chairman.

(3) The Director shall have a right to attend the meetings of the

Board of Governors without having a right to vote, provided that he

shall withdraw from each meeting where matters concerning him

personally are discussed.

(4) The members of the Board of Governors shall be such

perso ns having comp etence or ex perience i n the sectors of

education, music, arts, drama, culture, visual and performing arts

and in the Cultural and Creative Industries, and who, in the opinion

o f t h e M i n i s t e r, p o s s e s s l e a d e r s h i p q u a l i t i e s , a n d h a v e a n

understanding of the importance of visual and performing arts

education within the context of general cultural and creative

development

Provided that the Minister shall nominate as members of

the Board of Governors such persons to represent the interests of

any of the branches of the Academy, as may be required.

(5) A member of the Board of Governors may at any time be

removed from office by the Minister on the grounds of inability to

perform the functions of his office as required, either because of

mental disorder or physical illness, or for any other reason due to

which the member would no longer be fit to occupy such office or

due to bad conduct.

(6) A member of the Board of Governors may resign from his

office through a letter addressed to the Minister. If any member

tenders his resignation or is removed from his office by the

Minister or should the office of any member become in any manner

vacant, the Minister may appoint a qualified person to take up this

post and any person who is so appointed shall keep on occupying

that post up to the termination of the term of office of the person

being so substituted and such person shall be eligible to be

reappointed.

(7) Any absence or vacancy among the members of the Board

of Governors, or any participation in its meetings by any person

who is not entitled to such act, shall not invalidate the procedures

of the Board, insofar as there is a quorum of not less than one-half

of the number of members of the Board of Governors plus one.

(8) Subject to the provisions this Order, the Board of

Governors may appoint committees and generally regulate its own

procedures.

(9) The Board of Governors shall appoint a Secretary to keep

minutes and a record of the meetings and of its decisions.

(10) The Board of Governors shall meet at least once every two

months.

(11) The Board of Governors shall take all necessary

precautions and treat information on commercially sensitive

matters in a highly confidential manner in its relations with both

public and private entities that may be concerned.

(1) The Board of Governors shall have the duty of

performing the objectives and to exercise the powers of the

Academy as provided in this Order, and shall in particular have the

following functions

(a) to develop the direction, strategy and image of the

Academy and any of its branches, including the

adoption of periodic development plans for the

Academy and its branches;

(b) to acquire, administer and control the resources,

facilities and property, both movable and immovable,

of the Academy, including the procurement and

utilisation of resources for the running of the Academy

and any of its branches;

(c) to distribute between the Institutes and any branches

within the Academy, as the case may be, the resources

available to the Academy by way of funds and by way

of premises, facilities, services, equipment and

persons;

(d) to assist and advise the Director in achieving a level of

excellence in the standards of the Academy’s courses

and programmes;

(e) to assist the Director in ensuring that the Academy

adheres to the requirements of the National

Commission for Further and Higher Education, as

provided in the Act or any regulation made thereunder;

(f)

subject to the provisions of articles 7 and 14, to

establish courses, programmes, institutes, outreach

centres, libraries, offices and other structures within

the Academy for fulfilment of the mission of the

Academy

Provided that the courses, programmes and institutes

may only be established by the Board of Governors

following consultation with the Board of Studies;

(g) with the approval of the Minister, to constitute

branches of the Academy in Malta, Gozo and abroad;

(h) to determine, in accordance with the requirements of

the Malta Qualifications Framework, the conditions

for admission into a programme or course provided by

the Academy;

(i)

to provide appropriate procedures for the assessment

and certification of learners;

(j)

to supervise the expenditure and the administration of

the Academy and to approve the annual budget

proposals to be submitted to the Minister within a

given time;

MALTA ACADEMY FOR THE ARTS

(k) to appoint the Director, and on his advice, also to

appoint all other principal officers of the Academy;

(l)

to set up, and abolish, any post of an academic or other

nature and make appointments thereto;

(m) to make guidelines and establish procedures

concerning the performance and the conduct of

students, teachers and other persons entrusted with

rendering any service at the Academy, whether

engaged by an indefinite or a definite contract of

service, or by a contract for service, or if seconded or

on loan to the Academy by government, public or

private entities;

(n) to make guidelines to establish rules relating to any

programme or course provided by the Academy;

(o) to make any other guidelines, rules and procedures as

provided in this Order;

(p) to appoint Maltese or foreign examiners according to

pre-established guidelines and procedures, and to

ensure that payment is effected for their service;

(q) to ensure that proper academic levels are retained and

improved upon;

(r) to establish internal quality assurance schemes as

required by the Act or any regulation made thereunder

and required auditing procedures for the operations of

the Academy;

(s) to endeavour to undertake relevant projects of a cross-

border nature and to enter into such agreements as

appear to it necessary with public of private

educational and cultural entities in Malta and overseas

for the fulfilment of the mission of the Academy;

(t)

through the Ministry responsible for education in

cooperation with, where necessary, the Ministry

responsible for culture, to publicise and promote the

Academy’s policies, plans, courses, programmes and

operations in a manner which establishes the Academy

and its branches as a vital element of the Maltese

visual and performing arts sector;

(u) to establish ancillary activities related to the

operations of the Academy with the direct purpose of

enhancing the learning experience of learners;

(v) to perform any other function which it may deem

necessary to execute the powers and functions of the

Academy which are not, by means of this Order,

vested in another governing body of the Academy; and

(w) to undertake any other function assigned to it by the

Minister from time to time.

(2) The Board of Governors shall also approve the curricula

and the syllabi submitted by the Board of Studies and, where it

deems it so necessary, to revert the same to such Board of Studies

together with its advice about any proposed amendments.

(3) The Board of Governors shall ensure that the awards of the

Academy are recognised both at a national and at an international

level, and that, wherever applicable, are related to the standards

established in the Malta Qualifications Framework.

The Board of Studies shall be constituted of the following

members

(a) the Director who presides ex officio;

(b) the Heads of Institutes;

(c) two members of academic staff from each Institute,

elected by and from among the academic staff of each

Institute;

(d) one student from each Institute, elected by and from

among the learners of each Institute; and

(e) two members from among the members of the Board

of Governors.

(1) The Board of Studies shall be responsible for the

general direction of the provision of programmes and courses of the

Academy, and shall have the following functions

(a) to propose to the Board of Governors the programmes

and courses to be provided by the Academy, following

consultation with interested stakeholders regarding the

curriculum of such programmes and courses;

(b) to propose to the Board of Governors guidelines

regarding programmes and courses provided by the

Academy, documentation and examinations at the

Academy and to establish such awards and distinctions

for such candidates satisfying the applicable

conditions on completion of the programmes and

courses;

(c) to decide about the persons to whom awards and other

distinctions shall be awarded;

(d) to verify that the assessment procedures used by the

Academy are in conformity with the approved

academic policies of the Academy;

(e) to establish, subject to the provisions of the Act and

this Order, the entry conditions to programmes and

courses of the Academy;

(f)

to nominate Maltese or foreign examiners according to

pre-established guidelines and procedures to the Board

of Governors for its approval;

(g) to recognise, following a recommendation by the

competent authorities according to the Act, such

qualifications, awards and distinctions of other

education providers for the purpose of access into a

programme or course of the Academy;

(h) to advise to the Board of Governors on any matter

related to learning in relation to visual and performing

arts education; and

(i)

to deal about any other matter which refers to

education and training and as may arise in the

administration of the Academy.

(2) The Board of Studies shall meet at least every six weeks

and the quorum for the meetings shall be of not less than one-half

of the number of members of the Board plus one.

(3) The Board of Studies may act notwithstanding any vacancy

in its membership and the quorum shall be computed as if there was

no such vacancy.

(1) Any question proposed for decision at any meeting of

any governing body of the Academy shall be determined by a

majority of the votes of the members present and voting, and if on

any such question the votes are equally divided the member

presiding shall have and exercise a casting vote.

(2) Unless otherwise provided in this Order, persons holding

office on a governing body not ex officio shall hold that office for a

period of two years

Provided that such persons shall continue so to hold office,

despite the expiry of their term, until the election or appointment of

another person to substitute that person.

Within the Academy there shall be the following institutes

(a) the Institute of Arts;

(b) the Institute of Drama and Dance;

(c) the Institute of Music; and

(d) any other institute that the Board of Governors may

establish with the approval of the Minister.

(1) The Chairman of the Board of Governors shall be the

highest officer of the Academy and shall be responsible for

ensuring that the Academy complies with the Act and this Order.

(2) The Chairman shall issue guidelines and procedures of the

governing bodies of the Academy and may revert as many times as

necessary to any governing body such guidelines and procedures

which in his opinion are not in terms of the law.

(3) The Chairman shall whenever he deems it necessary, have

the power to convene and preside the Board of Governors and the

Board of Studies.

(1) Without prejudice to the powers vested in the

governing bodies of the Academy by the Act and by the provisions

of this Order, the Director shall, subject to the direction of the

Board, be responsible for the daily administration of the Academy,

shall be the Chairman of the Board of Studies ex officio and shall

be vested with the legal representation of the Academy and any of

its branches in Malta and Gozo.

(2)

The Director shall be appointed to hold office for a term not

exceeding three years

Provided that the Director shall be eligible for re-

appointment for further periods each of not more than three years.

(3) The Director shall exercise authority over the academic

staff, examiners, learners, examination candidates, employees and

whosoever is entrusted with rendering any service to the Academy,

and he shall enforce discipline and the strict observance of the Act

a n d t h e pr o v i s i on s o f t h i s Or d e r a n d o f t he g u i de li n e s a nd

procedures of the Academy.

(4) The Director shall not hold any other office or position or

carry on any business activity in the visual and performing arts

sector without the consent in writing of the Board of Governors.

(5) The Director shall be responsible for ensuring the execution

of the policies and decisions of the governing bodies of the

Academy.

(6) The Director shall have the power to summon the Board of

Studies.

(7) The Director shall confer awards and distinctions of the

Academy.

(8) The Director shall ensure that, insofar as it depends on him,

the governing bodies are regularly constituted and that their work is

planned and coordinated, ensuring that they meet regularly as

established by this Order and that the decisions of the governing

bodies of the Academy are executed.

(9) The Director shall provide for the organisation of such

elections required by this Order, including that they actually be

held in the manner provided and without undue delay.

(10) The Director shall ensure that the operations of the

Academy shall follow a performance agreement of the Academy

which is to be agreed to between the Permanent Secretary and the

Academy and for this purpose article 30 of the Public

Administration Act shall mutatis mutandis apply.

(11) The Director shall give effect, as soon as practicable, to any

written request, not inconsistent with any provision of this Order,

which the Minister may make in relation to the policy to be

followed by him in the discharge of his functions, and in relation to

any matter which appears to the Minister to affect the Academy and

any of its branches.

(12) The Director shall provide the Board with regular reports

on the performance and finances of the Academy.

(13) The functions of the Director shall include the overall

responsibility for all aspects of the Academy and any of the

branches of the Academy in Malta or Gozo.

(14) Without prejudice to the provisions of this Order, the

Director shall undertake any other function as directed by the

Board of Governors.

(1) Heads of Institute shall, under the direction of the

Director, be responsible for all matters related to the proper

functioning of their respective Institute. To such end, they shall

perform such duties as may be requested by the Director according

to the exigencies of the Academy.

(2) Without prejudice to the provisions of this Order, the Heads

of Institute shall perform such functions as are delegated to them

by the Director, including that to act on his behalf as may be

necessary.

(1) Appointment of all staff with formal and regular duties

shall be made by the Director and confirmed by the Board of

Governors.

(2) The appointment of academic staff with formal and regular

duties shall be made in the grades determined by the Board of

Governors, with the approval of the Minister, according to the

qualifications and professional experience of the person being

appointed. Posts may be advertised for appointments within

specified grades.

The proper official dress which the principal officers of the

Academy, academic staff, employees, graduates, learners and other

m e m b e r s o f t h e A c a d e m y ar e e x p e c t e d t o w e a r o n o ff i c i a l

occasions shall be provided in guidelines made by the Board of

Governors.

(1) Awards shall be granted at a public ceremony or, with

the consent of the Board of Governors, at a private ceremony or in

absentia.

(2) A candidate shall be eligible for an award of the Academy

only after certification by the Director that all the conditions

provided by the relevant guidelines of the Academy have been

fulfilled, and insofar as all other obligations and responsibilities of

the candidate towards the Academy have also been satisfied.

(3) No person may be considered as holding an award of the

Academy unless such award has been conferred as prescribed in

sub-article (1).

(1) The Academy shall establish, in the manner required

in article 10, and by means of guidelines adopted by the Board of

Governors, branches of the Academy in Malta, Gozo or overseas.

(2) The Board of Governors shall appoint a Branch Manager

for each of its branches in Malta or Gozo. The Branch Manager

shall be responsible for the administration of the branch to which

he is assigned, shall be answerable to the Director with respect to

the execution of his functions and shall report to the Director as

may be required by the Director.

(3) The Academy’s branches in Malta and Gozo shall be

governed by the Board of Governors established in accordance with

article 9. The Board of Governors, shall involve, as and where

necessary, the Branch Managers in the manner provided in article

9(3), mutatis mutandis.

(4)

The Academy shall ensure that the financing, planning,

education and training provision, staff appointments and salaries

and any relevant fees of the branches shall be integrated within one

overarching system applicable to the Academy.

(5) The guidelines referred to sub-article (1) shall establish, in

accordance with this Order, the manner in which the relations

between the respective branch and the Academy shall take place, in

particular with respect to the development of programmes and

courses, the awards given by branches, the external relations of the

branches, appointments of staff in the branches and any other

matter that falls under the responsibility of the Board of Governors

and the Director in relation to the Academy.

(6) The Board of Governors shall make such arrangements for

any of the Academy’s branches overseas which may, with the

approval of the Minister, be exempt from the requirements of sub-

articles (2) to (5) insofar as such branch serves to fulfil the mission

of the Academy as provided in this Order.

Articles 113 to 115 of the Act shall apply to the Academy

in relation to staff appointments

Provided that, for the purpose of this Order

(a) any reference to the Prime Minister in article 114 of

the Act shall be construed as reference to the Principal

Permanent Secretary, following the direction of the

Prime Minister;

(b) in assessing the pensionable emoluments of any officer

detailed for duty with the Academy as provided in

article 114 of the Act, for the purposes of any pension

entitlement under the Pensions Ordinance and the

Widows’ and Orphans’ Pensions Act, no account shall

be taken of any allowances, bonuses or gratuities paid

to such officer by the Academy in excess of what he is

entitled to as a public officer; and

(c) during the time in respect of which any officer is

detailed to perform duties with the Academy as

provided in paragraph (b), his terms and conditions of

service shall not be less favourable than those which

are attached to his appointment with the Government

during the period aforesaid. Such terms and conditions

shall not be deemed to be less favourable because they

are not in all respects identical or superior to those

enjoyed by the officer concerned at the date of such

detailing, if in the opinion of the Prime Minister such

terms and conditions, taken as a whole, offer

substantially equivalent or greater benefits.

In accordance with the provisions of article 130 of the Act,

the me mb e rs o f th e Bo a rd of Governors a nd a ny offi c e r or

employee of the Academy, shall be considered and be treated as

public officers for the purposes of the Criminal Code.

(1) Articles 116 to 124 of the Act shall apply to the

Academy in relation to the financial matters of the Academy.

(2) The Academy shall be governed by the provisions of the

Public Finance Management Act, unless otherwise stated in the

Academy’s performance agreement entered into by the Permanent

Secretary and the Academy in terms of article 16(10), in which case

the provisions of the said performance agreement shall prevail.

In accordance with the provisions of article 126 of the Act,

the Minister, upon being so advised by the Board of Governors,

may

(a) prescribe by regulations the fees to be charged for

examinations and special courses and the fees to be

paid by students who are not Maltese citizens;

(b) exempt any person from the payment of such fees; and

(c) determine rates of maintenance grants or stipends

payable to learners within the Academy and impose

conditions for the payment of such.

(1) Article 134 of the Act shall apply to the Academy’s

relations with the Minister.

(2) Save as otherwise provided in the Act or in this Order, the

Academy shall be under the general direction of the Minister and,

subject to such direction, under the supervision of the Permanent

Secretary.

(3) The Minister may, in relation to matters that appear to him

to affect the public interest, from time to time give to the Academy

directions in writing of a general character not inconsistent with the

provisions of the Act or of this Order, on the policy to be followed

by the Academy in the carrying out of its functions, by or under the

Act and this Order, and the Academy shall, as soon as possible,

give effect to all such directions.

(4) Any guidelines made by the Academy as provided in this

Order require approval by the Minister for these to come into

effect.

(5) Save as otherwise provided in the Act or this Order, article

28 of the Public Administration Act shall mutatis mutandis apply to

the Academy.

(6) The Minister may establish an Advisory Board to assist the

Director in the manner provided under article 32 of the Public

Administration Act.

(1) The property and undertakings owned by the

Government and used by it immediately before the date of the

coming into force of this Order, where used by it for the operation

of any of the functions which by this Order are being transferred to

or vested in the Academy shall, on the date aforesaid, by virtue of

this Order and without further assurance, be transferred to and be

vested in the Academy under the same title by which they were

held by the Government immediately before the said date. The

provisions of this article shall not apply to immovable property.

(2) The use and administration of the immovable assets from

time to time specified in an order made by the President of Malta

and published in the Gazette (hereinafter referred to as "the

immovable assets") being immovable assets which, immediately

before the coming into force of this Order, were owned by the

Government and used by it for the exercise of any of the functions

which by thi s Act are b eing tran sferred t o o r v est ed i n th e

Academy, shall, with effect from such day as may be specified in

any such Order and by virtue of this Order and without any further

assurance, be transferred to and vested in the Academy under the

same title by which they were held by the Government before such

day.

(3) The transfer and vesting aforesaid shall extend to the whole

of such property and undertakings and, without prejudice to the

generality aforesaid, shall include all plant, equipment, apparata,

instruments, vehicles, craft, buildings, structures, installations,

land, roads, works, stocks and other property movable or

immovable, assets, powers, rights and privileges and all things

necessary or ancillary thereto which are held or enjoyed in

connection therewith or appertai ning thereto, as well as all

obligations affecting or relating to any of the aforesaid property or

undertakings or other thing included therein as aforesaid.

(4) Any transfer of property, whether moveable or immovable,

shall be subject to all those terms and conditions that the President,

on consultation with the Minister, may deem necessary to ensure

that such property is exclusively used for the purposes of the

functions of the Academy or purposes ancillary thereto.

Subject to the provisions of this Order, all laws, rules,

regulations, orders, judgements, decrees, awards, deeds, bonds,

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Order affecting or relating to any of the properties

or undertakings transferred to the Academy by or under this Order

shall have full force and effect against or in favour of the Academy,

and shall be enforceable freely and effectually, as if, instead of the

Government or governmental authority, the Academy had been

named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

(1) When anything has been commenced by or under the

authority of the Government prior to the date of the coming into

force of this Order, and such thing relates to any of the properties

or undertakings or any right or liability transferred to the Academy

by or under this Order, such thing may be carried on and completed

by or as authorised by the Academy.

(2) Where, immediately before the coming into force of this

Order, any legal proceedings are pending to which the Government

is or is entitled to be a party, and such proceedings are related to

any of the properties or undertakings, or any right or liability

transferred by or under this Act, the Academy shall, as from the

date aforesaid, be substituted in such proceedings for the

Government, or shall be made a party thereto in like manner as the

Government could have become substituted, and such proceedings

shall not abate by reason of such substitution.

(3) The Minister may, by order, make such incidental,

consequential and supplemental provisions as he may deem

necessary or expedient for the purpose of determining, as

appropriate, the assets transferred to the Academy by this Order

and securing and giving full effect to the transfer of any property or

undertaking or any right or liability to the Academy by this Order

and make such orders as may be necessary to make any powers and

duties exercisable by the Government in relation to any of the

transferred property or undertakings exercisable by or on behalf of

the Academy.