PLANNING AND DEVELOPMENT OF SERVICE PROVISION NEEDS REGULATIONS *

PLANNING AND DEVELOPMENT OF SERVICE

PROVISION NEEDS

SUBSIDIARY LEGISLATION 413.02

PLANNING AND DEVELOPMENT OF SERVICE

PROVISION NEEDS REGULATIONS *

1st February, 2019

LEGAL NOTICE 19 of 2019, as amended by Legal Notice 110 of

2021.

The title of these regulations is the Planning and

Development of Service Provision Needs Regulations.

In these regulations, unless the context otherwise

requires

"the Act" means the Equal Opportunities (Persons with

Disability) Act;

"the Board" means the Inter-Ministerial Interdisciplinary

Professional Board on Disability;

"the

Committee"

means

the

Inter-Ministerial

Administrative Committee on Disability;

"Disability Unit" means the government unit acting as

the executive arm of the Board and the Committee;

"Minister" means the Minister responsible for disability.

"Permanent Secretary" means the Permanent Secretary of

the Ministry responsible for disability;

(1) The Permanent Secretary or his delegate shall act

as data controller in terms of the Data Protection Act.

(2)

The Minister may assign functions to the data

controller.

The Committee shall report to the data controller and

have the following functions

(a)

to oversee the Board and its operation;

(b)

to advise Government on services provision for

persons with disability;

(c)

to ensure the quality of the services being provided;

(d)

to assess trends and advise Ministries concerned

regarding actual and envisaged changes;

*These regulations have been repealed by Legal Notice 209 of 2022.

PLANNING AND DEVELOPMENT OF SERVICE

PROVISION NEEDS

(e)

to draw up a six (6) monthly report as at end of

June and end of December addressed to the Permanent

Secretary;

(f)

through each member keep each respective

Ministry updated with the workings of the Committee; and

(g)

to fulfil any other function that the data controller

may assign to the Committee.

The Board shall report to the Committee and to the data

controller and have the following functions

(a)

to identify the nature and extent of services

required by each disability condition at different ages so as to

contribute towards the compilation of individual life-course

services plan;

(b)

to develop reference benchmarking for each

disability condition by reference to age;

(c)

to revise the reference benchmarking at least every

quarter;

(d)

to identify and adopt standardised evidence based

assessment tools;

(e)

to update the Committee on developments through

the submission of progress reports;

(f)

to advise the Committee on best practices in service

provision including the introduction of new services for persons

with disability;

(g)

to disseminate information to the general public in

order to facilitate early detection of disability conditions and to

raise public awareness of services provided by Government and

non-governmental organisations;

(h)

to address any other requirements that may result

from decisions taken by the Committee; and

(i)

to fulfil any other function that the Committee and,

or the data controller may assign to the Board.

The Disability Unit as the executive arm of the

Committee and the Board shall also

(a)

liaise with all referring sources/stakeholders;

(b)

capture, process, and analyse personal data and

information relating to persons with disability;

PLANNING AND DEVELOPMENT OF SERVICE

PROVISION NEEDS

(c)

carry out research and statistical exercise after

rendering the data anonymous or pseudonymous; and

(d)

fulfil any other function that the data controller

may assign to the Committee and, or the Board

Provided that such data shall be processed only for the

purposes of these regulations and shall

(a)

only be processed in the best interest of the data

subject;

(b)

be held in separate distinctive files in a secure

manner; and

(c)

ensure that adequate organisational and technical

safeguards are in place to protect the personal data against any

unlawful forms of processing and misuse.

The Disability Unit, the Committee and the Board shall,

in the performance of their functions, have the power to require any

Government institution, Government agency, public authority,

educational institution, health institution, entities in private or social

partnership with Government, and registered and unregistered

voluntary organisations, providing services in the field of disability, to

furnish them with all the information that they may require in the

performance of their functions and duties; and such institutions,

agencies, authorities, entities and organisations as are mentioned in

this paragraph are hereby authorised to furnish the Disability Unit, the

Committee and the Board any such information that they may require

Provided that, except so far as may be necessary for the

proper discharge of their functions and duties, officers within the

Disability Unit, the Committee and the Board shall be bound to

observe secrecy in regard to any information furnished to them under

these regulations, which apart from this paragraph, ought to be treated

as secret, and the provisions of article 133 of the Criminal Code shall

apply to any wilful breach of such duty

Provided further that for the purposes of this paragraph

all officers of the Committee, Board and the Disability Unit are to take

an oath of secrecy.