LOCAL GOVERNMENT (TWINNING) REGULATIONS (twinning)

SUBSIDIARY LEGISLATION 363.141

LOCAL GOVERNMENT (TWINNING)

REGULATIONS

12th May, 2009

LEGAL NOTICE 144 of 2009.

The title of these regulations is the Local Government

(Twinning) Regulations.

Regulation 7(2)

TWINNING AGREEMENT

WE, the Mayors of the localities of (

), Malta and of

(

) dem ocratically elected by the citizens in the respective

localities, and after a resolution by the respective Councils it was agreed that a

Twinning Agreement is reached by the two localities, solemnly approach for the

signing of this agreement.

For this reason we solemnly resolve to honour that we:-

-

Together foster and maintain sincere friendship and respect towards the

citizens in our respective localities;

-

Share cultural, educational, scientific and research;

-

Encourage our citizens to meet and experience different culture thus

promoting and strengthening respect, culture, solidarity between the

two localities, and also in the field of trade and industry.

We pledge to do the utmost of our abilities for the full implementations of these

objectives.

This Twinning Agreement is being signed to-day, (date

) in Malta, at

the Council Administrative Offices or in (name of the locality abroad) in the event of

(Council’s Day or any other important event linked with the locality)

(name)

(name)

Mayor (Local Council)

Mayor (Local Council)

In these regulations, unless the context otherwise requires

"Act" means the Local Government Act;

"the Association" m eans the Local Councils Association

recognised as such in terms of article 37(3) of the Act;

"budget" means the estimates of income and expenditure of the

Local Council during the coming financial year as provided in

article 56 of the Act;

"the Council" shall have the same meaning as assigned to it in

the Act;

"the Department" means the Department responsible for Local

Government;

"Director" shall have the same meaning as assigned to it in the

Act;

"locality" shall have the same meaning as assigned to it in the

Act;

"Malta" means the islands of Malta and Gozo;

" t he Mi n ist e r" m e a n s t h e M i n is te r r e s p on s i b le f o r Lo c a l

Government;

"twinning" means a friendship agreement, co-operation or

association between two communities in different countries or a

friendship agreement, co-operation or association between Maltese

Local Councils, even though this agreement is not expressly called

twinning.

A Local Council may make twinning arrangements with

another Local Council or with another community, local authority

or another Local Council, in another country

Provided that when a Council resolves to twin with a

community, local authority or a Local Council in any other country,

consideration shall be given that as much as possible the country

chosen shall be a member of the European Union, or a candidate to

join the European Union, by which arrangements the Local Council

shall be in a position to benefit from the European Union

Provided further that a Local Council may, under the same

conditions mentioned in regulation 4, make twinning arrangements

with another Local Council in Malta.

Before initiating a twinning process, the Council shall

submit a report in writing to the Director. The report shall include

(a) the objects and reasons of the proposed twinning;

(b) an estimate of the expenses related to the proposed

twinning which shall include all activities related to

the twinning. This expenditure shall not exceed the

amount mentioned in paragraph (e). The estimated

expenditure in connection with the twinning shall be

included the budget of the respective Local Council;

(c) the name of the Councillor in charge of the twinning

process;

(d) a declaration by the Executive Secretary that this

report has been discussed and approved by the

Council;

(e) Twinning Work Plan specifically connected with every

proposed twinning indicating the results and benefits

expected, and also a financial estimate of the expenses

incurred by the Council in connection the twinning.

This proposed expenditure shall not exceed three

thousand five hundred euro (€3,500) or 0.5% of the

financial allocation of the Council for that financial

year, whichever is the higher. The expenses related to

travel abroad and the number of Councillors who shall

attend for the Twinning Ceremony taking place abroad

shall be included in the estimate as mentioned above.

(1) The Director, after consultations with the Local

Councils Association and the Minister responsible for Foreign

Affairs, shall evaluate the submitted report and give his

recommendations to the Minister. The Minister shall by not later

than ten weeks from when the report is received by the Director,

inform the Council in writing if the proposed twinning is approved

or not and a copy of the report shall also be sent to the Local

Councils Association.

(2) In case that the proposed twinning is refused, the reason for

such refusal shall be given in writing to the Council.

Twinning shall be effected with one or more localities at

the same time and no other application shall be considered before

the present application is either finalized or withdrawn. In the case

that a Local Council has an existing twinning and is now proposing

another twinning, the Council shall, besides what is required in

regulation 4, submit also a plan with regards to the sustainability of

more than one twinning.

(1) A Twinning Agreement may be signed in one city or in

the two cities. The official ceremony shall be held during a special

activity held by the Council wherein the formal signing by the two

Mayors of the respective localities together forming the twinning.

(2) The Twinning document may be in the form shown in the

Schedule.

The twinning ceremony shall be given the publicity due

and as much as possible the ceremony shall take place in

conjunction with an important event being held in the locality and

in such a way as to make it possible for the maximum number of

residents to attend.

When the Twinning Agreement is signed abroad only the

Mayor the Councillors and the Executive Secretary are entitled to

travel at the expense of the Council and this without prejudice to

what is stipulated in regulation 4(e).

(1) At the end of the financial year, the Executive

Secretary and the Councillor responsible for Twinning shall

prepare a report to the Local Council. This report shall immediately

be sent to the Department and shall include

(a) the result of each twinning for that year and all the

benefits derived by virtue of this twinning; and

(b) a statement of all the expenditure related to the

agreement.

(2) The report shall also be drawn when in that year no

activities related to twinning are organized, in which case the

report shall also include the reasons for such failure.

A Local Council resolving to make twinning arrangements

or a Local Council who already has twinning arrangements shall, at

the beginning of the financial year, budget funds which funds shall

not exceed three thousand five hundred Euro (€3,500) or 0.5% of

the financial allocation for that year, whichever is the higher.

The Council shall proceed with the resolution for the

twinning approval after confirmation by the Executive Secretary

that funds were available for such purpose.

(1) The expenses incurred for the travelling expenses for

t h e M a l t e s e d e l e g at i o n a n d a l s o t h e e x p e n se s i n c u r r e d f o r

accommodating the foreign delegation shall be kept as low as

possible.

(2) The procedure to be adopted for supply of services,

including the travel tickets, shall be in accordance with the

regulations applicable for the supply of services and goods,

including the necessary quotations. In all cases, however, the travel

tickets shall be economy or tourist class.

(3)

(a) Travelling expenses and other related expenses

(including the per diem allowance) shall be in

conformity with the Public Sector Managerial Code

and the financial regulations applicable for the Public

Sector.

(b) When accompanying the Mayor and the Councillor,

the Executive Secretary shall also be entitled to an

allowance in Class A

Provided that if the Executive Secretary travels on his

own and if his salary scale is 6 or 7, he shall be entitled

to an allowance in Class B.

(4) For each visit abroad in relation to twinning, the Local

Council shall only pay for expenses incurred by Councillors and

the Executive Secretary and provided that the expenditure shall not

exceed that indicated in regulation 4(e).

(5) Contingency funds may be allowed to cover transport

expenses incurred from and to the airport in Malta and abroad.

These funds shall not exceed two hundred and thirty Euro (€230)

for every person and all relevant receipts must be produced.

(6) On arrival in Malta the Executive Secretary or the Council

member shall draw up a statement of expenses showing the amount

of cash given beforehand as subsistence allowance and contingency

and how these were spent, and also, there shall be attached to this

statement all the relevant receipts. Unspent cash shall be recorded

as balance in the statement and shall be refunded to the Council.

(7) The Council shall pay for a travel insurance to cover all

m e m b e r s a n d o t h e r C o u n c i l o ff i c i a l s t r a v e l l i n g a b r o a d i n

connection with the twinning abroad.

A Twinning Agreement shall be valid if signed by the

Mayors of the two localities at least in one locality of the localities

being twinned.

LOCAL GOVERNMENT (TWINNING)