CIVIL PROTECTION (VOLUNTEER CORPS) REGULATIONS (volunteercorps)

SUBSIDIARY LEGISLATION 411.03

CIVIL PROTECTION (VOLUNTEER CORPS)

REGULATIONS

1st April, 2003

LEGAL NOTICE 95 of 2003, as amended by Act XIV of 2022.

The title of these regulations is the Civil Protection

(Volunteers Corps) Regulations.

Regulation 3(3)

Oath of Office of a Member

of the Civil Protection Volunteers Corps

I ................................................... do solemnly swear/affirm that I shall faithfully

execute according to instructions and without fear any duties or responsibilities

assigned to me by the Director General of Civil Protection, or any other person so

delegated by him, as member of the Civil Protection Volunteer Corps.

So help me God.

Signature of Member

Signature of Witness

Date

In these regulations, unless the context otherwise requires -

"Act" means the Civil Protection Act;

"Corps" means the Civil Protection Volunteers Corps referred to

in regulation 3;

"Council" means the Civil Protection Council established under

article 5 of the Act;

"Department" means the Department of Civil Protection

established by article 3 of the Act;

"Director General of Civil Protection" means the Director

General of Civil Protection and includes, to the extent of the

authority given, any other public officer authorised in that behalf

by such Director General of Civil Protection;

"disciplined force" means a force as referred to in article 47 of

the Constitution;

"Minister" means the Minister responsible for Civil Protection

and includes, to the extent of the authority given, any person

authorised on that behalf for any purpose of these regulations;

"non-governmental organisation" means a recognised

organisation of volunteers that has been established for civil

protection purposes and does not have the making of profit as one

of its main objectives which, on an application by it to this effect,

has been recognised by the Director General of Civil Protection in

terms of regulation 4;

"Rescue Force" means the Assistance and Rescue Force referred

to in article 8 of the Act;

"volunteer" means any person who, having an active interest in

civil protection matters, is enrolled as a member of the Corps.

(1) There shall be established a Corps within the

Assistance and Rescue Force of the Civil Protection Department to

be known as the Civil Protection Volunteer Corps.

(2) Candidates for enlistment in the Corps shall be selected by

such means and in such a manner as the Minister may from time to

time determine and must -

(a) be over the age of eighteen;

(b) be fit for engagement in all the duties incumbent on

any member of the Corps; and

(c) be certified to possess such minimum medical

standards of fitness as the Director General of Civil

Protection may determine.

(3)

A volunteer may not be enlisted in the Corps if he is

(a) in the full employment of the Civil Protection

Department;

(b) in the employment of a disciplined force; or

(c) a registered

member

of

a

non-governmental

organisation.

(4) No person shall be appointed a member of the Corps in

terms of these regulations unless he has taken the Oath of Office set

out in the Schedule. The Oath of Office shall be taken and signed

by all members before the Director General of Civil Protection or a

person duly empowered to do so by him.

(5) A person who has applied for enlistment may be rejected by

the Director General of Civil Protection on any of the following

grounds

(a) that he is unlikely to become a useful and effective

member of the Corps;

(b) that he is considered a misfit or an undesirable

influence;

(c) that he is likely to bring discredit on the Corps;

(d) for any other justified reason in the interest of the

service.

(6) A person who has been rejected from enlisting in the Corps

in accordance with subregulation (5), or where re-enlistment is

refused in virtue of subregulation (7), may appeal in writing for a

review of the decision before the Council within seven days of

being so notified. A decision by the Council on such appeal shall be

final and conclusive.

(7) Successful candidates shall be enlisted on an initial

engagement period of three years, renewable on the basis of

positive and effective performance for further periods of three

years.

Non-governmental organizations which, in the opinion of

the Director General of Civil Protection, possess the necessary

qualifications, may be recognised as auxiliary bodies which, if

called upon by him in the event of a disaster or public emergency,

may provide concerted assistance and co-operation; provided that

such recognition of a non-governmental organisation shall continue

only until so desired by the Director General of Civil Protection

and, or the organisation itself.

(1) The Director General of Civil Protection shall assign to

all members of the Corps the duties to be carried out by them.

(2) Where possible such duties shall be set out in detail in

written orders by the Director General of Civil Protection.

(3) It shall be the duty of every member of the Corps to

conform to such duties and to any other regulations, rules, orders,

directions or guidelines issued by or on behalf of the Director

General of Civil Protection and to obey all other lawful orders

relating to the Corps.

(4) Members of the Corps shall at all times so conduct

themselves and perform their duties as to command the respect of

their colleagues and their superiors and the trust of the community.

(5) For the purpose of maintaining the high standards of service

and conduct of the members of the Corps, the Director General of

Civil Protection may, with the approval of the Minister, issue codes

of discipline and practice to regulate the members’ general

behaviour and their performance while on duty in order to ensure

the continued trust of the public in the Corps.

(1) A volunteer may be disciplined by the Director General

of Civil Protection for disobedience to orders while on duty, or for

neglect of any such duty, or for misconduct by him as an enlisted

member of the Corps, or for failing to attend or failing to

successfully conclude training sessions as provided for in

regulation 7, or for other sufficient cause or reason, the existence

and sufficiency of which are to be judged by the Director General

of Civil Protection.

(2) A volunteer who commits an offence against discipline

under these regulations shall, if found guilty, be subject to one or

more punishments in the following ascending scale

(a) verbal warning;

(b) severe verbal warning;

(c) written warning with a statement that any recurrence

would lead to suspension or dismissal, as the case may

be;

(d) suspension;

(e) dismissal.

(3) It shall be the duty of a non-governmental organisation to

discipline its members for disobedience to orders while on call-out

duty, neglect of duty, misconduct or other sufficient cause.

(1) Every volunteer may be supplied at public expense

with a uniform, other clothing and equipment which may be

required for the proper performance of his duties and

responsibilities. The nature, quality and quantity of such articles

with respect to each member shall be decided upon by the Director

General of Civil Protection.

(2) Every volunteer supplied with such clothing, equipment or

other article shall take proper care of them and shall make good for

any loss or damage thereto if it is proved after due investigation

that such loss or damage had been caused wilfully or through

carelessness or negligence on his part.

(3) Any volunteer who ceases membership of the Corps shall

forthwith deliver up to such officer of the Department and at such

time and place as the Director General of Civil Protection shall

direct, all uniforms, other clothing and equipment which have been

supplied to him at public expense and which he is directed by the

Director General of Civil Protection to return.

(4) Before being issued with such uniform, clothing and

equipment, a volunteer shall be required to sign an understanding

that he will comply with the provisions of subregulations (2) and

(3).

(1) Every member of the Corps shall be trained by the

Department for such a period and at such places as may be ordered

by the Director General of Civil Protection, and may for that

purpose be called out once or more often in every year.

(2) Only volunteers or members who have successfully

completed at least one yearly course of training as provided for in

subregulation (1) shall be certified as competent and eligible to

serve or continue to serve as members of the Corps.

Volunteers shall not be entitled to any remuneration during

training sessions, which may include also on-the-job training.

(1) In the event of a disaster or emergency considered by

the Director General of Civil Protection as of such entity and

magnitude as to require a call-out for volunteers, he shall, after

consulting and obtaining the approval of the Minister, issue the

necessary public notice to all volunteers to report for duty as

required

Provided that he may also consult with the leaders of non-

governmental organisations as to their issuing a call-out for their

respective members.

(2) The Director General of Civil Protection may issue

directions and guidelines to volunteers and, in consultation with

their respective leaders, to non-governmental organisations on call-

up duty in order to ensure the security and safety of the public and

for maintaining supplies and services essential to the life of the

c o m m u n i t y. T h e s p e c i f i c e x e c u t i o n o f s u c h d i r e c t i o n s a n d

guidelines is to remain, in the case of non-governmental

organisations, the sole responsibility of their respective leaders.

(3) It shall be the duty and obligation of every member on call-

up duty to comply with any directions and guidelines issued by the

Director General of Civil Protection in accordance with

subregulation (2).

Subject to the provisions of regulation 9, members of the

Corps will be considered as members of the Civil Protection

D e p ar t m en t w h i l s t o n t r a i n i n g o r i n t h e e x e c u t i o n o f ci v i l

protection duties, and they will be considered as such in the event

of injuries or death sustained during training or active duty.

These regulations are not applicable to any person who is

requested by the Director General of Civil Protection to give expert

advice ad hoc or who is a member of a consultative commission

duly appointed in terms of article 7(2) of the Act.

(1) The Department shall keep an updated register and, or

database of volunteers and non-governmental organisations with

the following details

(a) the name and address of the individual volunteer or of

the non-governmental organisation, as the case may

be;

(b) in the case of an organisation, its objectives;

(c) the

names,

addresses,

training,

experiences,

qualifications, and specialities or expertise of the

individual volunteer;

(d) where applicable, telephone numbers, mobile

numbers, fax numbers, and e-mail addresses of such

volunteers;

(e) the equipment belonging to individual volunteers by

kind, ownership, number of units, availability, use, its

state of utility and maintenance, its purpose, its normal

place of storage, and any other pertinent information;

(f)

in the case of an organisation, any buildings, storage

places, training facilities belonging to it;

(g) any other information considered to be necessary or of

utility for the purpose of maintaining an efficient and

up-to-date register of all voluntary resources, both

human and otherwise, in Malta.

(2) All information and records under this regulation shall be

of a confidential nature and shall only be accessible to the Minister,

the Director General of Civil Protection and to any other properly

authorised official.

(3) The register and, or database available shall, with the

assistance of individual volunteers and non-governmental

organisations involved, be periodically reviewed and updated by

the Department and a general revision thereto shall be carried out at

least once every three years.

(4) Any individual volunteer or non-governmental organisation

that persistently fails to provide the information required of it to

enable the Department to keep an updated record of its resources

shall after a reasonable period of written notices by the Department

be deemed, in the case of a volunteer and, in the case of a non-

governmental organisation, to be recognised for the purposes of

regulation 4, not to be further interested in forming part of or

continuing to form part of the Civil Protection Volunteer Corps.

CIVIL PROTECTION (VOLUNTEER CORPS)