LOCAL COUNCILS (ASSOCIATION) REGULATIONS (association)

SUBSIDIARY LEGISLATION 363.06

LOCAL COUNCILS

(ASSOCIATION) REGULATIONS

8th November, 1994

LEGAL NOTICE 153 of 1994, as amended by Legal Notices 86, 199 and

232 of 1998, 195 of 1999, 30 of 2000, 57 and 296 of 2001, 250 of 2003, and

135, 408 of 2004, 179 and 387 of 2005, 193 and 225 of 2006, 200 of 2008,

240 and 253 of 2009, 114 of 2010 44 of 2011, 274 of 2019, 363 and 380 of

2021. PART I

General

The title of these regulations is the Local Councils

(Association) Regulations.

Amended by

L.N. 253 of 2009.

Regulation 5

Form of Application for Election to the Executive Committee

of the Local Councils Association

To the Electoral Commission

Surname .......................................................................

Name ...........................................................................

Local Council locality .................................................

I hereby propose the above-mentioned Councillor as a candidate for election of the

Executive Committee of the Local Councils Association to be held on the (date to be

printed on the form).

The Councillor shall contest these elections under the list hereunder indicated and

marked in the adjoining square

Chairman List OR

General List OR

Regional List

Gozo Region OR

Northern Region OR

Central Region OR

Southern Region OR

Southern Eastern Region

Proposer’s Name .......................................

Council Locality .............................

I.D. number ................................................ Signature ........................................

We hereby second the above-mentioned Councillor as a candidate for the same

elections.

Seconder’s Name ....................................... Council Locality .............................

I.D. number ................................................ Signature ........................................

Seconder’s Name ....................................... Council Locality .............................

I.D. number ................................................ Signature ........................................

I hereby declare that I accept the above nomination.

Date ...............................................

Signature of candidate

and I.D. number

In these regulations, unless the context otherwise requires -

"Act" means the Local Councils Act;

"Association" means the Local Councils Association established

by regulation 3;

"Chairman" and "Deputy Chairman" mean respectively the

persons occupying the posts of Chairman and Deputy Chairman of

the Association elected in terms of regulation 8;

"Code of Ethics" means the Code of Ethics for Maltese Local

Councillors, shown in the Fourth Schedule;

"Committee" means the Executive Committee of the

Association;

"Congress" means the Congress of Local and Regional

Authorities of Europe and includes the Chamber of Local

Authorities and the Chamber of Regional Authorities of the said

Congress;

"Councillor" includes a Mayor;

"Electoral Commission" means the Electoral Commission

established by article 60 of the Constitution;

"Executive Secretary" means the person occupying the post of

Executive Secretary of the Association established in terms of

regulation 4;

"financial year" means the period of twelve consecutive months

ending on the thirty first day of December in any year;

"Minister" means the Minister responsible for Local

Government;

"Registrar" means the Director of the Department responsible for

Local Councils.

PART II

Establishment of the Local Councils Association

Amended by

L.N. 30 of 2000.

Regulation 6(1)

Substituted by

L.N. 240 of 2009.

Amended by

L.N. 253 of 2009.

Substituted by

L.N. 363 of 2021.

Northern

Easter Region

Western

Port Region

Southern

Gozo

Reġion

Region

Region

Region

Il-Mellieħa

Il-Gżira

L-Imdina

Il-Belt

Ħal Qormi

Ir-Rabat

Valletta

(Città Pinto)

(Città Notabile)

(Città Victoria)

(Città

Umilissima)

L-Imġarr

Pembroke

Is-Siġġiewi

Il-Birgu

Iż-Żejtun

Il-Fontana

(Città Vittoriosa) (Città

(Città

Beland)

Ferdinand)

Il-Mosta

San Ġiljan

Ħaż-Żebbuġ

L-Isla

Birżebbuġa

Għajnsielem

(Città Rohan)

(Città Invicta)

In-Naxxar

L-Iklin

Ħad-Dingli

Bormla

Ħal Għaxaq

L-Għarb

(Città Cospicua)

San Pawl il-

Tas-Sliema

Ir-Rabat

Ħaż-Żabbar

Santa Venera

L-Għasri

(Città

Baħar

Hompesch)

Ħ’Attard

Is-Swieqi

Ħal Kirkop

Floriana

Marsaskala

Ta’ Kerċem

Ħal Balzan

Ta’ Xbiex

L-Imqabba

Il-Fgura

Marsaxlokk

Il-Munxar

San Ġwann

Ħal-Għargħur

Il-Qrendi

Il-Kalkara

Santa Luċija

In-Nadur

L-Imtarfa

Ħal-Lija

Ħal Safi

Ħal Tarxien

Il-Gudja

Il-Qala

Birkirkara

Iż-Żurrieq

Paola

Il-Ħamrun

San Lawrenz

L-Imsida

Ix-Xgħajra

Ħal Luqa

Ta’ Sannat

Tal-Pietà

Il-Marsa

Ix-Xagħra

Ix-Xewkija

Iż-Żebbuġ

(1) There shall be an Association representing all the Local

Councils with the aim of protecting and promoting the common

interests of all the Local Councils and to represent, solely for the

purposes of these regulations, all the Local Councils, in Malta and

overseas, and on international associations of local government

authorities.

(2) The Association is a juridical body having a distinct legal

personality empowered to enter into contracts, of suing and being

sued, and of doing all such things and entering into such

transactions as are incidental or conducive to the exercise and

performance of its functions as are allowed under these regulations

Provided that the Association may not have the power to -

(a) borrow or lend any monies except with the authority in

writing of the Minister with the concurrence of the

Minister responsible for finance;

(b) enter into any form of commercial partnership, except

with the authority in writing of the Minister with the

concurrence of the Minister responsible for finance.

(3) The aims of the Association shall be those of protecting and

promoting the common interests of Local Councils as well as

offering consultancy services, training on its own initiatives and in

conjunction with any other Council or Councils.

Amended by

L.N. 195 of 1999.

Regulation 6(10)

Substituted by

L.N. 253 of 2009.

Form of Ballot Papers

(a) One ballot paper shall consist of a list of candidates for the election of

Chairman List as follows

CHAIRMAN LIST

Note: The principle of proportional representation by means of the single

transferable vote is separately applicable to this list, and it should therefore be

marked with preferences commencing from 1 as a separate list.

(b)

A Second ballot paper shall consist of a General List as follows

GENERAL LIST

The principle of proportional representation by means of the single transferable

vote is separately applicable to this list, and it should therefore be marked with

preferences commencing from 1 as a separate list.

(c) A third ballot paper shall consist of a Regional List, with the necessary

permutations, as follows

REGIONAL LIST

Either

Note: The principle of proportional representation by means of the single

transferable vote is separately applicable to this list, and it should therefore be

marked with preferences commencing from 1 as a separate list.

Either Gozo Region

or Northern Region

or Central Region

or Southern Region

or Southern Eastern Region

(1) The Association shall have an Executive Committee

composed of eleven Councillors in office.

(2) All the Councillors in office elected in all Local Councils

shall have the right to elect the Committee in accordance with

regulation 6.

(3) The Committee shall, after consulting the Minister, appoint

an Executive Secretary

Provided that where the Committee refuses or fails to

appoint an Executive Secretary, or a Deputy Executive Secretary,

the Minister shall appoint an Acting Executive Secretary.

(4) The Executive Secretary may be a public officer or he may

be appointed from outside the public service

Provided that if the Executive Secretary is appointed from

outside the public service, the requirements of article 110(6) of the

Constitution shall be observed.

(5) The Committee shall designate a Deputy Executive

Secretary to exercise the functions of the Executive Secretary

whenever the Executive Secretary is for any reason unable to act or

whenever the office of the Executive Secretary is vacant.

No person shall be qualified for appointment of an

Executive Secretary with the Association if that person does not

p r o d u c e a c e r t i f i c at e , a t t e st at io n , r e f e r e n c e o r d e c l a r a t i o n

indicating that he possesses those requisites normally required for

the appointment of an Executive Secretary with any Local Council.

Added by

L.N. 179 of 2005.

(Regulation 38)

Substituted by

L.N. 114 of 2010.

Code of Ethics for

Local Government Elected Representatives

CONTENTS OF THE CODE

PART I - Purpose and General Principles

Article

1. Objective of the Code

2. Definitions

3. General Principles

4. Objectives for the execution of the mandate

5. Obstacles to the implementation of the mandate

PART II - Specific Obligations

6. Election Campaigns

7. Favouritism

8. Exercise of authority for personal gain

9. Attendance and participation at Local Government

meetings

contribution towards the fulfilment of the set objectives

10. Association

11. Conflict of interest

12. Limitation on occupation of posts

13. Operation of discretionary powers

14. Corruption

15. Compliance with financial discipline on the estimate of expenditure

16. Use of information obtained

17. Acting on behalf of Local Government

18. Safeguarding of certain posts

PART III - Means of Supervision

19. Use of facilities and tools for Local Government

20. Procurement

PART IV - Relations between Elected Representatives,

Local Government Staff, the Public and Other Entities

21. Publication and provision of reasons for decisions taken

22. Appointments

23. Respect towards Local Government staff

24. Respect towards colleagues, staff and the public

25. Relations with constituted bodies and Members of Parliament

PART V - Duties of Regional Presidents, of Mayors

and Chairpersons of Administrative Committees

26. The Presidents of the Regions, Mayors and Administrative Committees’

Chairpersons shall assume responsibility for their actions and those of the

Local Government

PART VI - Relations with the Media

27. Relations with the Media

PART VII - Action with respect to Breaches of the Code

28. Action against those breaching the Code

PART VIII - Information, Distribution of Information and Increase in Awareness

29. Distribution of the Code to elected representatives

30. Distribution of the Code to the public, Local Government staff, and the

Media

CODE OF ETHICS FOR LOCAL GOVERNMENT

ELECTED REPRESENTATIVES

PART I - Purpose and General Principles

Article 1 - Objective of the Code

The objective of this Code is to specify standards of behaviour expected of elected

representatives at all levels of Local Government in the performance of their duties

and to inform citizens with the level of behaviour they should rightly expect from

elected representatives to represent them at local government level.

Article 2 - Definitions

In this code the words listed below shall have the following meaning

"Act" means the Local Councils Act (Chapter 363 of the Laws of Malta);

"Local Government" means all levels of Local Government established by statute

in the Islands of Malta and Gozo, including both regional and local levels, including

the Administrative Committee for Communities;

"candidate" means a candidate for regional elections, Local Elections as well as

for elections for Administrative Committees for Communities;

"Regional President" means the member elected through an election to represent

the Region;

"elected representative" means the member elected at regional or local levels or in

the Administrative Committee for Communities;

"Region" means one of the five Regions as established in the Act.

Article 3 - General Principles

The elected representatives shall hold office as established by law and shall at all

times act as required by law.

While performing their duties, the elected representatives should serve the

interests of citizens and not the direct or indirect personal interest or private interest

of individuals or groups of individuals with a view to obtain directly or indirectly

personal benefits from them.

Article 4 - Objectives for the execution of the mandate

T h e e l e c t e d r e p r e s e n t a t i v e s s h o u l d p e r f o r m t h e i r f u n c t i o n s c a r e f u l l y,

transparently, with integrity, honesty, fairness, conscientiously, and with fervour,

and they shall be responsible for their own decisions.

Article 5 - Obstacles to the implementation of the mandate

In the performance of their duties, elected representatives shall respect the power

and prerogatives of other representatives, who were democratically elected, as well

as all employees of Local Government, and also those in the public sector.

The elected representatives shall not, in carrying out their functions encourage or

assist any other political representative or any employee or public official to breach

the principles set out in this Code.

Similarly, elected representatives should refrain from allowing themselves to be

influenced by third parties to desist from doing what is expected of them, and if

approached to do so they should immediately report the matter to the Regional

President, the Mayor or the Chairperson of the Administrative Committee as

appropriate.

PART II - Specific Obligations

Article 6 - Election Campaigns

The election campaigns organized by prospective candidates shall serve as a

means of information and explanation about their political programmes.

The prospective candidates shall not seek to obtain votes other than by persuasion,

argumentation and discussion. In particular, they shall not try to gain votes by

resorting to slanderous arguments about other candidates, using violence and / or

threats or by doing or promising favours.

The prospective candidates shall maintain expenditures for election campaigns

properly and within the limits set by law. They shall abide carefully with the

provisions of the law requiring that they publicly declare the source and amount of

revenue to be allocated for their electoral campaign and the nature and amount of

their expenditure is to be disclosed for public information.

Article 7 - Favouritism

The elected representatives shall not perform their functions or utilise the benefit

of their office in the private interest of individuals or groups of individuals, with the

aim of acquiring direct or indirect benefit.

In particular, elected representatives shall act at all times during their office in the

interest of the entire locality and of the community.

Article 8 - Exercise of authority for personal gain

The elected representatives shall not perform their functions or use the benefit of

their office to promote private or personal interest whether directly or indirectly.

Article 9 - Attendance and participation at Local Government meetings and

contribution towards the fulfilment of the set objectives

The elected representatives shall devote time and attention to the work of their

Local Government as well as attend all Local Government meetings. If an elected

representative cannot attend any of these meetings for a justified reason, he shall

notify the Executive Secretary as soon as possible about his inability to attend.

The elected representatives shall perform their duties wisely, impartially and

conscientiously, and to the best of their abilities.

Article 10 - Association

The elected representatives shall avoid the danger of association with

organizations whose goals are in conflict with those of the Local Government.

The elected representatives shall refrain from conduct that could harm their

reputation and the reputation of the office or other elected representatives, or do

anything or associate themselves with organizations that can put them and the Local

Government and / or the locality to shame.

Article 11 - Conflict of interest

The elected representatives shall refrain from any discussion or vote in any matter

in which they have any direct or indirect personal interest.

When elected representatives have a direct or indirect personal interest in matters

being discussed by the Local Government of which they are members, or by any

committee or subcommittee thereof, they shall undertake to declare their interests

before the discussions are made, and the vote taken.

The elected representatives shall not have interests (excluding securities in public

companies) or have a personal contract or agreement with suppliers or contractors of

Local Government.

When taking office, or whenever necessary, elected representatives shall declare

in writing to the Executive Secretary of Local Government, any office of leadership,

partnership or interest in any business in which they are engaged unless this

engagement is related to public companies or were nominated for the office of

management to represent the interests of the government.

This declaration should be sought by the Executive Secretary each year and kept

solely by the Executive Secretary.

Article 12 – Limitations on occupation of posts

The elected representatives shall not have political positions or engage in similar

activities which may hinder them from carrying out their functions as elected

representatives or are incompatible with their oath of office.

Neither shall they have duties, chosen mandates, official occupations or positions

involving supervision of functions as elected representatives, nor those who are duty

bound to supervise in their capacity as elected representatives.

The elected representatives are obliged to inform the Local Government if they

intend to contest the General Elections or the European Parliament Elections as soon

as they are officially accepted by the political party with whom they will be

contesting or prior to submitting their candidacy with the Electoral Commission if

they intend to contest as independent candidates.

Article 13 - Operation of discretionary powers

In exercising their discretionary powers, elected representatives shall remain

impartial at all times to ensure that the advice and recommendations are based on

full and impartial consideration of the relative facts and circumstances.

Detailed information shall be given for every decision taken, specifying all the

factors on which the decision was taken, particularly the relevant rules, and which

show how decisions were taken in accordance with those rules. Before taking a

decision the elected representative shall take account of advice on the relevant

matter given to Local Government by the Executive Secretary.

In the absence of rules and obligations, the reasons for the decision taken shall

include elements that demonstrate the proportionality, the truth and compliance with

public interest.

Article 14 - Corruption

During the course of their duties, elected representatives shall refrain from any act

that is deemed, under Maltese or international criminal law, as active or passive

corruption.

Moreover, elected representatives have a duty to fully and immediately reject any

attempt of this kind and make a written report without delay to the political head of

the Local Government on the pressure and undue influence that may be exercised by

persons or bodies, and the head is obliged to report to Local Government members

as appropriate.

The elected representatives, their wives or husbands or their children (including

minors) shall not accept commissions, grants, gifts, services, or compensation from

persons, companies and organisations having a working relationship with the Local

Government which can be deemed to create any real or imaginary obligation.

Article 15 - Compliance with financial discipline on the estimate of expenditure

The elected representatives shall undertake to observe discipline relating to the

estimate of expenditure and other finance in order to guarantee the proper

management of public funds as established in the Local Councils Act and other

regulations established by the same Act.

In fulfilling their obligations, elected representatives shall not do anything that

may lead to misuse of public funds and / or grants.

They shall refrain from doing anything that might lead to public funds and / or

grants being used for direct or indirect personal needs.

Article 16 - Use of information obtained

The elected representatives shall not take advantage, or benefit from information

obtained during the performance of their official duties and responsibilities and to

which the public does not have access.

They shall only give official information or documents obtained during their term

of office when so required at law, in the performance of their duties, when called to

testify in court, or when there is a legitimate order in this regard.

Article 17 - Acting on behalf of Local Government

The elected representatives shall not give orders, instructions or directives on

behalf, or in representation of their Local Government unless authorised to do so by

their Local Government and such orders, instructions or directives are to be issued

only formally by the Mayor or the Regional President or the Chairperson of the

Administrative Committee (or in their absence the Deputy Mayor or the authorised

representative of the Regional President or the Chairperson of the Administrative

Committee) or by the Executive Secretary of the Local Government except for work

orders and / or orders for the acquisition of services that shall be issued only under

the authority of the Executive Secretary.

Article 18 - Safeguarding of certain posts

In the performance of their duties, the elected representatives shall not take

measures that allow them to gain personal advantage in the future when they no

longer are in office

-

In private entities on which they engaged in inspections during the

performance of their duties

-

In private entities with which they have established a contractual

relationship in the performance of their duties.

PART III - Means of Supervision

Article 19 - Use of facilities and tools for Local Government

The elected representatives shall ensure that the use of any resource or tool of

Local Government are used conscientiously and wisely and therefore they shall not

allow them to be abused by others.

The elected representatives shall not directly or indirectly use or permit the use of

any property of local government or the administrative offices for political activities

or any activity that is not approved by, or which can be in conflict with the interests

of Local Government. Moreover they shall ensure that Local Government funds and

/ or other resources are not used for partisan purposes.

Article 20 - Procurement

The elected representatives shall ensure that in drawing up the documentation for

the tender and in the planning of the specifications and conditions for the purchase

of goods or services as well as in the adjudication of tenders, the Local Government

must obtain the best offer in terms of value for money, since the expenditure of

Local Government will be defrayed from public funds and be spent and authorised

only in the manner and the procedure as permitted by law and the related

regulations.

The elected representatives shall ensure that the highest level possible of

accountability and transparency be reflected in all the purchase procedure.

PART IV - Relations between Electoral Representatives,

Local Government Staff, the Public and Other Entities

Article 21 - Publication and provision of reasons for decisions taken

During their mandate, elected representatives shall act in a responsible manner

with the public.

The elected representatives shall give detailed reasons for any decision taken by

them, specifying all the factors underlying the decision, in particular the relevant

rules, and show how decisions taken are in accordance with those rules and

regulations.

When the information is confidential, the reasons for such confidentiality shall be

explained.

The elected representatives shall provide answers to any requests from the public

relating to the performance of their duties, and give reasons for the decisions taken

by them.

They shall encourage and promote any measure that leads to transparency about

their authority, the operation of their authority and the performance of the services

provided by their Local Government.

Article 22 - Appointments

The elected representatives shall undertake to prevent any appointment of

administrative staff to be based on principles that do not include the recognition of

merit and professional skills and / or purposes other than the needs of Local

Government.

In cases of appointment of employees or promotions, the elected representatives

should take an objective and reasoned decision, which reflects careful deliberation.

The elected representatives shall not request for any person any office in their

Local Government or make the recommendation of a person for such appointment or

promotion.

Article 23 - Respect towards Local Government staff

In fulfilling their function, elected representatives shall demonstrate respect

towards the office of the staff of Local Government, without prejudice to the

legitimate performance of the authority they have.

They shall not ask or require the staff of Local Government to take or desist from

doing in a way such measures that gives them direct or indirect advantage or that

gives any other advantage to any individuals or groups of individuals with a view to

acquiring any direct or indirect personal benefit to them from that source.

The elected representatives shall not make improper and derogatory allegations

(unless they have enough evidence of this) and they shall refrain from any form of

behaviour, which may cause any grievance to or confounds any member of staff

unnecessarily.

Article 24 - Respect towards colleagues, staff and the public

The elected representatives shall not annoy or discriminate on the basis of sex,

marital status, pregnancy, age, race, colour, nationality, physical or mental disability,

sexual preference or religious beliefs, political or other, or alliances with regard to

their colleagues, the staff of Local Government or members of the public.

The elected representatives shall relate to the public in a fair, impartial and non

partisan manner.

They shall respect the opinion of their colleagues and in their relations they shall

maintain the highest levels of respect. During the meetings of Local Government

they shall use appropriate language and adopt a constructive and reconciliatory

attitude during discussions while abiding with the provisions of the Standing Orders.

Article 25 - Relations with constituted bodies and Members of Parliament

The elected representatives shall maintain cordial relations with all constituted

bodies in their locality.

They shall also collaborate with Members of Parliament and respect the work of

others.

PART V - Duties of Regional Presidents, Mayors

and Chairpersons of Administrative Committees

Article 26 - Presidents of the Regions, Mayors and Administrative Committee

Chairpersons shall assume responsibility for their actions and those of the Local

Government

The Regional Presidents, Mayors and Chairpersons of the Administrative

Co m mi t te es sha ll gi ve a n ex am pl e in the p erformance of their d uti es an d

responsibilities and shall avoid any action or situation that is inconsistent with their

duties.

They shall act in accordance with the policies and resolutions approved by their

Local Government and are expected to assume responsibility for the actions of Local

Government.

PART VI - Relations with the Media

Article 27 - Relations with the Media

The elected representatives shall act wisely, honestly and thoroughly with respect

to every request from the media for information concerning the performance of their

duties, but they shall not give confidential information or information concerning

the private life of elected representatives or third parties.

They shall encourage and promote any measure that encourages the media to

provide information on their powers, the performance of their duties and the services

provided by Local Government of which they are members.

PART VII - Action with respect to Breaches of the Code

Article 28 - Action against those breaching the Code

Breach of the Code of Ethics shall be dealt with by the Local Governance Board to

be set up within the Department for Local Government. This Board has the right to

give all such recommendations as it deems appropriate to the Department to act upon

where it finds a breach of ethics.

The Department for Local Government shall have the right to publish the names of

those Local Government members who repeatedly breach the Code of Ethics, as well

as impose on such persons any other sanctions permitted by law.

PART VIII - Information, Distribution of Information

and Increase in Awareness

Article 29 - Distribution of the Code to elected representatives

The elected representatives shall ensure that they have read and understood all the

provisions of this code and they shall state that they are willing to be guided by the

provisions of the code.

Article 30 - Distribution of the Code to the public, Local Government staff and the

Media

The elected representatives shall encourage and promote any measure adopted to

distribute this code to staff of Local Government, the public and the media, that

increase awareness of those persons on the principles included therein.

(1) Any Councillor who intends to contest the election for

the Committee shall be nominated by means of the form as

prescribed in the First Schedule. The nomination form shall be

handed in to one of the Electoral Commissioners at the Electoral

Office by the candidate himself, or, if he cannot do so due to illness

or due to being abroad, by the representative authorised by him in

writing, on the dates and during the time established by the

Electoral Commission for that purpose.

(2) Each nomination shall be made to the Electoral

Commission and shall be signed by a proposer who shall be a

Councillor from the candidate’s own locality and by two seconders

who shall be Councillors from two localities other than that of the

candidate. The candidate, in those instances mentioned in sub-

regulation (1), or his representative as authorised by him in writing,

shall also sign the form in acceptance.

(1) The eleven members of the Executive Committee shall

be elected upon the principle of proportional representation by

means of the single transferable vote as separately applicable to

each of two lists as follows

(a) the Chairman who is elected from amongst all

Councillors;

(b) a general list, from which four members are elected by

and from among all Councillors in office;

(c) a regional list, in which six members are elected, one

from each of the six regions established in the Second

Schedule, by and from among all Councillors in office

representing the localities in each one of the regions

Provided that any one Councillor may be nominated to

contest the same election only under one specific list, and in the

case of any contestation made under the regional list, only under

the specific region to which the Councillor’s locality belongs

Provided further that the Committee that was established in

the last election held before the one held in 2021, shall remain in office

until 31 December 2021, and the new Committee elected in the

October 2021 election shall start its mandate on 1 January 2022

Provided also that where -

(i)

at the election for the general list, the candidates

of a political party obtain in the aggregate more

than fifty per centum of all the valid votes cast

at that election, and this at the first count of all

the votes, but the candidates elected from that

party both in the election from the general list as

well as that in the regional list do not constitute

in the total number more than fifty per centum of

all the members who from time to time

constitute the Executive Committee of the

Association; or

(ii) at an election for the general list which is

contested by candidates from more than two

political parties and in which only candidates of

two of such parties are elected, the candidates of

a political party who obtain a percentage of all

the valid votes cast at such election, as credited

to them by the Electoral Commission at the first

count of all the votes, which is greater than that

obtained by any one other party, but the number

of candidates of that particular party from the

general list as well as from the regional list does

not constitute more than fifty per centum of all

the members who from time to time constitute

the Executive Committee of the Association,

the number of m embers of the Executive Comm ittee of the

Association shall be increased by as many members as may be

necessary in order that the party obtaining more than fifty per

centum, or the larger percentage, of all the valid votes, as the case

may be, shall have one member more than the total of the other

candidates elected from the general and from the regional lists of

t h e o t he r p a r ti e s ; a nd , in a ny suc h c a s e , su c h c a n di da te o r

candidates shall be declared by the Electoral Commission to be

elected to fill the additional seat or seats created by this proviso

who, being candidates of the party last mentioned in the general

list, were credited by the Electoral Commission at the last count,

with the highest or next higher number of votes without being

elected.

(2) The elections shall be held every four years on the second

Saturday in October following a notice to that effect by the

Electoral Commission

Provided that the Committee which will be elected by

elections to be held in October, 2021 shall remain in office until

October 2029

Provided further that as from the year 2029 onwards, the

elections shall be held every five (5) years on the second Saturday of

October following a notice to that effect by the Electoral Commission

Provided that if the election for the Committee is due to be held

within three months before the holding of General Elections, or

referenda, or elections for Local Councils, the election may be

postponed to a date determined by the Minister, but in any case not

later than three months following the holding of such General

Elections, referenda or elections for Local Councils, as the case

may be

Provided further that in the event that the election is so

postponed, the next elections for the Committee will be held as provided

in this regulation.

(3) The Executive Secretary of the Local Council shall act on

behalf of the Electoral Commission during the voting in his

locality.

(4) If at the expiration of the time fixed for the receipt of

nominations the number of nominated candidates is three or less in

the case of the general list, or is only one in the case of every

regional list, the Electoral Commission shall declare the candidates

so nominated as elected.

(5) If at the expiration of the time fixed for the receipt of

nominations the number of nominated candidates is less than three

in the general list or no nominations are received in the case of any

regional list, the Electoral Commissioner shall issue a fresh notice

for election to fill the remaining vacant seats in the general list or

in the regional list as the case may be

Provided that if after a fresh notice for election is issued no

other nominations are received, or if the number of nominated

candidates is less than the number of vacant seats, the remaining

va c a nt se a t s m a y b e f i ll e d b y c o -o p t io n of a C o un c il l o r o r

Councillors from amongst Councillors who were previously

declared elected by the Commission, so however that by way of in

the co-option of the other member or members shall be in terms of

those criteria established by the statute of the Congress.

(6) If the nominated candidates for the Committee is less than

four, or when the Committee is dissolved for reasons mentioned in

these regulations, the Executive Secretary shall inform the Electoral

Commission to hold elections to fill vacant posts according to these

regulations .

(7) After thirty days from the dissolution of the Committee or

from the date when the election for the Committee should have

been held, the Electoral Commission shall hold an election for a

new Committee

Provided, also, in the case of dissolution no election shall

be held where the remaining term of office of the dissolved

Committee is less than three months.

(8) The newly elected Committee shall remain in office for the

remainder of the dissolved Committee’s term.

(9) The persons who have a right to vote in the election for the

Committee are all those Councillors who at that time shall be in

office.

(10) (a) Each Councillor shall vote on three ballot papers of

which one shall be made up of a list for the post of

Chairman, a general list, and the other made up of

eligible candidates in a regional list according to the

region to which the voter belongs in the form set out in

the Third Schedule.

(b) Each ballot paper shall have a list of candidates

described by the name (including any nickname) as

well as the locality or the region they represent, and

the Party in whose name they are contesting.

(11) (a) Voters shall deposit their ballot papers in a ballot box

provided for such purpose by the Electoral

Commission. The ballot box shall be sealed prior to the

commencement of voting by the Council Secretary

together with one of the Councillors after having

verified that the ballot box delivered is empty.

(b) On the closing of voting, the Council Secretary shall

seal the opening of the ballot box and afterwards the

Secretary shall personally deliver the sealed box to the

Electoral Commission.

(12) The counting of votes shall start as soon as the Electoral

Commission starts receiving the sealed boxes.

(13) (a) The

election

results

shall

be

immediately

communicated by the Electoral Commission to the

Minister and to the Registrar and shall be published in

the Gazette not later than one week after having been

so communicated.

(b) Immediately upon receiving the communication from

the Electoral Commission the Registrar shall register

the Association as constituted.

(14) Except as otherwise provided by these regulations the

election shall be conducted by the Electoral Commission according

to the provisions of article 8(2) of the Act as applicable in the

circumstances.

Whenever a casual vacancy occurs in the membership of

the Committee, written notification of such vacancy shall be sent to the

Electoral Commission by the Executive Secretary within two days after

the vacancy has occurred. The Commission shall, within three days from

the date of the notification by the Executive Secretary, give notice, to be

published in the Gazette, of an election to fill the seat vacated.

The election procedure to be adopted to fill the vacant post

shall be mutatis mutandis in accordance with the proceedings in

regulations 89, 90, 91 and 92 in the Third Schedule of the Act, and

any reference to locality and councillors shall be deemed to apply

to the Committee and the Committee member respectively

Provided that if the casual vacancy occurs within three

months before the expiration of the term of office the Committee,

no casual election shall be held and the Committee shall be deemed

to be duly constituted for the purposes of these regulations

Provided further that no other election shall be held if the

term of office of the Committee has been extended in terms of the

proviso of regulation 6.

(1) The Committee shall during its first meeting elect the

D eputy Chai rm an ( Natio nal Affairs) and Depu ty C hairman

(International Affairs) as established in the Seventh Schedule to the

Act, and any reference to Mayor, Deputy Mayor, Councillor and

Executive Secretary shall be deemed to refer to Chairman, Deputy

C h a i r m a n , C o m m i t t e e m e m b e r a n d E x e c u t i v e S e c r e t a r y,

respectively.

(2) If a casual vacancy in the office of Chairman occurs, the

person occupying the post of Deputy Chairman (National Affairs)

shall assume the office of Chairman until such time when an

el ectio n fro m amo ng Com mi ttee members for the office of

Chairman is held.

Any member of the Committee shall vacate his seat

immediately upon terminating his office as Councillor.

(1) A member of the Committee may at any time resign

his office by notice in writing signed by him and delivered to the

Executive Secretary and his resignation shall take effect from the

time of the receipt of such notice by the Executive Secretary and

his office shall become vacant immediately.

(2) When a resignation occurs the Executive Secretary shall act

in accordance with the provisions of regulation 7.

(1) The Committee members shall attend all meetings of the

Committee. The Committee may declare a seat to be vacant on failure of

the member to attend six consecutive Committee meetings or in the

aggregate if he attends less than one-third of the meetings called within a

period of six months

Provided that where the absence is justified, the Executive

Secretary in informing the Minister of the member’s failure shall

also transmit the recommendation of the Committee for the

Minister not to declare the seat vacant, if such is the case.

(2) The Registrar shall be notified with the Executive

Secretary’s notification as well as the decision of the Minister.

The Minister may, by Order in the Gazette acting in

a c c o r d a n c e w i t h t h e a d v i c e o f t h e R e g i s t r a r, d i s s o l v e t h e

Committee upon any one of the reasons given below

(a) a report from the Auditor General of serious or

persistent breach of financial responsibilities; or

(b) persistent non observance of the provisions of these

regulations after formal notice has been given by the

Minister after consulting the Registrar; or

(c) when a Chairman is not elected as provided by

regulation 8; or

(d) when the annual estimates are not approved by the

Committee; or

(e) when a recommendation to that effect in a report by a

Board of inquiry appointed for the purposes of the

provisions of these regulations.

(1) Upon the dissolution of the Committee in accordance

with regulation 12, or if all the members have resigned and no other

candidate can be elected in accordance with regulation 6, the

Electoral Commission shall, within thirty days, hold an election for

a new Committee

Provided that no election shall be held where the remaining

term of office of the dissolved Committee is less than three months.

(2)

The Minister may in such case appoint a Committee of

Management which shall perform all such duties as are competent

on the Committee until a new Committee is elected

Provided that if or until, as the case may be, a Committee of

Management is not so appointed, the Executive Secretary shall

perform all such duties as are competent on the Committee.

(3) The newly elected Committee shall hold office for the

remainder of the term applicable to the dissolved Committee.

PART III

The Office of Chairman of the Committee

(1) Subject to the other provisions of these regulations, the

Chairman shall be the representative of the Association and shall

preside over all meetings of the Committee and supervise all the

functions of the Association.

(2) The Chairman shall be responsible for the furtherance of

the objects and provisions of these regulations.

(1) The legal and judicial representation of the

Association shall be vested in the Chairman together with the

Executive Secretary and they may sue and be sued on behalf of the

Association even where the case refers to acts done prior to the

commencement of their term of office or appointment, as the case

may be.

(2) Every correspondence, report, press release or any other

similar document of the Association shall bear the signature of the

Chairman or of the Executive Secretary.

(3) Every bank document shall be signed by the Chairman or

the Deputy Chairman ( National Affairs) and the Executive

Secretary or the Deputy Secretary following approval by the

Committee in accordance with the provisions of these regulations

and of the Sixth Schedule to the Act.

The Chairman, Deputy Chairman (National Affairs) and

Deputy Chairman (International Affairs) shall hold office the day

of their election and they shall remain in such office until the

expiration of the term of the Committee or until such other time as

the Chairman or Deputy Chairman shall, for any reason, cease to

hold such office.

When the Chairman cannot, for any reason, perform the

functions of his office, such functions shall be exercised by the

Deputy Chairman (National Affairs).

(1) The Chairman or any Deputy Chairman shall cease to

hold their office upon a petition of a vote of no confidence

delivered by a majority of the Councillors.

(2) The motion proposing a vote of no confidence in the

Chairman or Deputy Chairman which shall be signed by at least

one-third of the members, shall specify the reason for such motion,

shall propose another member to be elected as Chairman or Deputy

Chairman, as the case may be, and shall be notified to all members

as a motion for a vote by means of an agenda.

(3) The motion shall be discussed after at least five days have

elapsed from its presentation as provided above but not later than

ten days from such date.

(4) When a vote of no confidence as provided by this

regulation is carried, it shall be communicated to the Minister and

to the Registrar by the Executive Secretary without delay.

(1) The Chairman and the Members elected on the general

list shall be part-time officials and the Committee shall pay an

allowance amounting to fifty per centum and an allowance

amounting to thirty-three per centum of the honorarium payable

from time to time to members of the House of Representatives, to

the Chairman and Members elected from the general list

respectively.

(2) All members shall be afforded by their employers all such

assistance as is reasonable to allow them to carry out their

functions in Malta and overseas.

PART IV

Functions of the Association, Procedure and Meetings

(1) The Association shall be represented in the Congress.

(2) The Minister shall after consulting the Committee appoint

the delegation to the Congress, as far as possible according to the

criteria for representation as established in the Statute of the

Congress.

(3) The delegation, which shall have a Head and a Secretary

and shall be composed of representatives and their substitutes, shall

be appointed by the Minsiter.

(4) The Executive Secretary shall be the Secretary of the

Delegation.

(1) The Standing Orders contained in the Sixth Schedule

to the Act shall apply mutatis mutandis to the procedures which the

Committee shall follow and any reference in the Standing Orders to

Mayor, Deputy Mayor, Councillor and Secretary shall be deemed to

refer to the Chairman, Deputy Chairman, member of the Committee

and the Executive Secretary respectively.

(2) The meetings of the Committee shall be held following a

notice in writing which shall be made at least five days before such

meeting

Provided that a meeting may be held without the need to

follow this procedure if there is unanimous agreement by the

members.

(3) Meetings shall be held at least once a month or at any other

shorter intervals as the Chairman may decide. Meetings may also

be called at the request of the least whole number above one-third

of the members in of office, and in such a case a notice in writing

shall be issued at least eight days before the meeting.

(4) The meetings of the Committee shall be open to all the

Councillors.

The Committee shall, if so requested by any Council,

Councillor or the Registrar and on payment for postage and other

necessary expenses which are incurred for the supply of any such

information, furnish

(a) a copy of the agenda as circulated to members of the

Committee; and

(b) such other statements or particulars and a copy of such

other documents as are necessary to indicate the nature

of any item included in the copy of the agenda so

supplied

Provided that the Committee shall, in all cases and

free of charge, furnish a copy of the agenda and

minutes to the Registrar; and

(c) a copy of the minutes so approved by the Committee.

(1) The Committee may appoint Sub-Committees for the

purpose only of executing its functions better. The Sub-Committees

shall be presided by a Chairman who shall be a member of the

Committee and shall be composed of a number of other persons as

the Committee may deem necessary in the circumstances.

(2) The Chairman of the Committee shall be an ex officio

member of every Sub-Committee.

(3) A Sub-Committee may appoint a Secretary from amongst

its members.

(4)

A Sub-Committee shall remain in office until -

(a) it has finalised the task for which it had been

appointed; or

(b) it is dissolved by the Committee; or

(c) the term of office of the Committee expires.

(5) Members of Sub-Committees shall serve on an honorary

basis.

(6) The meetings of Sub-Committees shall be recorded as

minutes of the Committee and shall be kept in the custody of the

Executive Secretary.

(1) The Committee shall once every year convene all the

Councillors in office for the meetings hereunder indicated

(a) an annual meeting for all Mayors, to be chaired by the

Chairman or his delegate;

(b) an annual meeting for all Councillors, excluding

Mayors, to be chaired by the Chairman or his delegate;

and

(c) an annual plenary session of Mayors and Councillors,

to be chaired by the Chairman.

(2) The Committee may convene other meetings or plenary

sessions as it may deem necessary or whenever requested in writing

to do so by half the persons eligible to attend such meetings or

plenary sessions.

(1) The three members of the Committee who represent

the three regions shall, once a year as close as possible to the

annual meetings referred to in regulation 24, individually convene

and chair an annual regional meeting of all Mayors and Councillors

of their respective region.

(2) The Committee may convene other regional meetings as it

may deem necessary or whenever so requested in writing by half

the persons eligible to attend such regional meetings.

(1) Any twinning between a capital city, town or village in

Malta and another locality in any other country shall require the

approval of the Minister after the Association has given the

Minister its opinion on such intended twinning.

(2) In establishing the twinning of localities, consideration

shall be given to the status of the localities due to be twinned such

that as far as possible the capital city or former capital cities of

Malta shall be twinned with a capital city or former capital cities of

other countries, and also as far as possible a city be twinned with

another city.

PART V

Officers and Employees

The Executive Secretary shall act on a full-time basis.

(1) Subject to the provisions of article 110(6) of the

Constitution, the Committee may appoint such other employees as

the Committee deems necessary for the efficient discharge of the

functions of the Association.

(2) The Committee may, after consulting the Registrar,

prescribe the qualifications to be possessed by, the technical,

administrative and office procedure to be followed by -

(a) any person appointed to the office of Executive

Secretary; and

(b) any other person appointed by the Committee.

(1) The Executive Secretary shall be the executive,

administrative and financial head of the Committee.

(2) Without prejudice to any provisions of these regulations,

the Executive Secretary shall

(a) issue all notices and prepare the agenda in consultation

with the Chairman and attend all meetings;

(b) draw up the minutes of meetings of the Committee,

and if no Secretary is appointed for a Sub-Committee

in accordance with regulation 23(3), draw up also the

minutes of that Sub-Committee;

(c) submit a detailed annual administrative report to the

Chairman;

(d) cause to be submitted to the Committee and to the

Registrar estimates of the income and expenditure of

the Association during the next following financial

year;

(e) carry out any other duties that may be detailed or

delegated to him by the Chairman or by the

Committee.

(1) The Executive Secretary shall receive a remuneration

equivalent to the highest remuneration payable to Local Council

Secretaries as prescribed in the Local Councils (Human Resources)

Regulations, or as amended from time to time.

(2) Without prejudice to the provisions of these regulations, the

provisions of articles 53 and 54 of the Act shall, whenever

applicable, apply mutatis mutandis to the Executive Secretary.

(3) The provisions of regulation 14(2), (4), and (5), regulation

15(3), and regulations 18, 19, 22 and 24, and from 26 to 32 of the

Local Councils (Human Resources) Regulations shall apply in

regard to the other employees of the Association.

The provisions of regulations 6, 9, 11, 12, 13, 14(5) and

19(2) of these regulations and regulations 24 and from 27 to 32 of

the Local Councils (Human Resources) Regulations shall apply in

regard to the Executive Secretary.

PART VI

Finance

(1) Each year the Minister responsible for finance shall

allocate funds to the Association which shall serve for the exercise

of its functions.

(2) The Executive Secretary shall by not later then the thirtieth

of September in each year make a written request to the Minister

through the Registrar for funds as determined in subregulation (1).

(3) Any monies declared to be a surplus in any financial year

shall not be set off against the sum allocated to the Association for

the next financial year.

(4) When submitting the request as indicated in subregulation

(2), the Executive Secretary shall submit also a draft of the

business plan.

The Association may, after consulting the Registrar, raise

funds by means of a scheme providing for the collection of

contributions by Local Councils, designed to provide additional

funds to those allocated to it by the Government

Provided that all funds collected in this manner shall be

used only in carrying out the functions of the Association.

All claims for the refund of payments incurred by members

of the Committee and employees during the course and for the

purposes of executing their duties shall be submitted, and duly

certified by the Executive Secretary on the appropriate form in

accordance with the Local Councils financial procedures

Provided that any refund of expenses may only be effected

if there is prior approval by the Committee as to the nature of the

claim.

(1) At the end of each financial year a detailed

administrative report shall be prepared by the Executive Secretary.

Such report shall -

(a) give an account to the Committee of the Committee’s

finances during the previous year;

(b) review the operating and financial results achieved

against the Committee’s stated objectives, plans and

budget; and

(c) include audited financial statements of the Committee

for the year that ended and the Committee’s retained

funds as at the year end.

(2) The annual administrative report shall be forwarded to the

Auditor General by not later than the thirty-first of March of each

year.

(3) The detailed annual administrative report shall be prepared

in the form specified in the Local Councils (Procedures)

Regulations.

(4) Within two weeks from the approval of the Committee and

by not later than the thirty-first of March of each year the Executive

Secretary shall forward a copy of the audited financial statements

and a copy of the budget to the Minister, the Registrar and to every

Council.

(1) The Auditor General shall appoint an auditor or

auditors to audit the accounts of the Association subject to such

conditions that he may deem appropriate. The appointment shall be

for a period of one year, renewable each year, for a total period of

not more than five consecutive years.

(2) The auditors of the Association shall submit their report by

not later than twelve weeks after the end of the financial year to the

Auditor General who shall immediately forward copies of the

report to the Minister, the Minister responsible for finance, the

Association and the Registrar. A copy of this report shall be laid on

the Table of the House by the Minister in the same manner as

provided in article 7 of the First Schedule of the Auditor General

and National Audit Office Act.

(1) Without prejudice to the provisions of subregulation

(2), the Local Councils (Financial) Regulations, the Local Councils

( A u d i t ) R e g u l a t i o n s , a n d t h e L o c a l C o u n c i l s ( Te n d e r i n g )

Regulations shall apply mutatis mutandis for the Association, and

any reference, if applicable, in these regulations to Council, Mayor

or Secretary shall be deemed to refer to the Committee, Chairman

and Executive Secretary of the Association respectively.

(2) In those cases where the provisions of the regulations

mentioned in subregulation (1) are at variance with the provisions

of these regulations, the provisions of these regulations shall

prevail.

(3) The following provisions shall not apply in regard to the

Association -

(a) regulations 7(2)(c), 8, 9, 11(1), 13(2), 15, 16, 17, 18,

21(1), 32 and 43 (2) of the Local Councils (Financial)

Regulations;

(b) regulations 3(3), 4, 8 and 9 of the Local Councils

(Audit) Regulations.

(4) The applicability of the provisions of the Local Councils

(Financial) Regulations shall be subject to the following

provisions

(a) in regulation 11(5) of the said regulations, the words

"within the time limit stipulated in article 56(1) of the

Act" shall be read and construed as if substituted by

the words" in the month of September in any financial

year;"

(b) in regulation 13(1) of the said regulations, the words

"as stipulated in article 56(2) of the Act" shall be read

and construed as if substituted by the words "by not

later than the 15th October.".

PART VII

Code of Ethics

Local Government Elected Representatives shall be

required to observe the Code of Ethics during the course of their

duties.