MALTA COUNCIL FOR ECONOMIC AND SOCIAL DEVELOPMENT ACT (CIVIL SOCIETY COMMITTEE) REGULATIONS (civilsocietycommittee)

SUBSIDIARY LEGISLATION 431.01

MALTA COUNCIL FOR ECONOMIC

AND SOCIAL DEVELOPMENT ACT

(CIVIL SOCIETY COMMITTEE) REGULATIONS

8th June, 2012

LEGAL NOTICE 206 of 2012, as amended by Legal Notice 92 of 2024.

The title of these regulations is the Malta Council for

Economic and Social Development Act (Civil Society Committee)

Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

"Act" m eans the Malta Council for Econ omic and Soci al

Development Act;

" C o m m i s s i o n e r " m e a n s t h e C o m m i s s i o n e r f o r Vo l u n t a r y

Organisations appointed under the Voluntary Organisations Act;

"Committee" means the Civil Society Committee established in

terms of the Act;

"Council" means the Malta Council for Economic and Social

Development established under the Act;

"disability" means a long-term physical, mental, intellectual or

sensory impairment which in interaction with various barriers may

hinder one’s full and effective participation in society on an equal

basis with others;

"enrolled" means enrolment with the Commissioner for

Voluntary Organisations under the Voluntary Organisations Act

which has been in effect for more than one year prior to any call for

nominations as stated in regulation 5;

"Local Councils Association" means the Local Councils

Association recognised under article 37(3) of the Local

Government Act;

"Malta Council for the Voluntary Sector" means the Malta Council

for the Voluntary Sector as established by article 35 of the Voluntary

Organisations Act;

"register" means the register maintained by the Chairperson of

the Council under regulation 4.

(1) The Committee established in terms of article 6 of the

Act shall be composed of up to twelve (12) persons nominated or

elected by the organisations representing those sectors identified in

sub-regulation (2).

(2) The organisations which shall be eligible to nominate or

elect one person to represent them on the Committee shall be from

the following sectors of activity within civil society

(a) consumer affairs;

(b) health, elderly and pensioners;

(c) gender equality;

(d) professions;

(e) youth and students;

(f)

sports;

(g) agriculture, rural and fisheries;

(h) environmental protection and improvement, including

the protection of animals, culture, arts and national

heritage;

(i)

persons with disability;

(j)

education, social and community advancement;

(k) local councils; and

(l)

other voluntary organisations which are enrolled

which are not represented and which do not participate

in any of the above sectors of activity within civil

society.

(1) A voluntary organisation which is enrolled may

indicate its interest in participating in the nomination and election

of representatives to the Committee at any time by means of a

notice in writing to the Chairperson of the Council.

(2) The organisation shall provide full details of its name, the

full address of its registered office and the address where it

receives mail and its VO identification number and shall specify

the primary sector of activity within civil society under which it

wishes to be classified in accordance with regulation 3(2).

(3) The Chairperson of the Council shall acknowledge the same

in writing.

(4) The Chairperson of the Council shall verify with the

Commissioner that an organisation is enrolled and eligible for the

purposes of these regulations.

(5) The Chairperson of the Council shall keep a register of

eligible organisations for the purposes of these regulations. The

register shall be organised by the sector of activity within civil

society indicated in the notice submitted by the relevant

organisation under this regulation.

(6) The register shall be available to the public on the web-site

of the Council.

(7) If a voluntary organisation is in doubt as to which primary

sector of activity within civil society it belongs, such voluntary

organisation may apply for a ruling from the Chairperson of the

Council regarding such issue. The Chairperson of the Council shall

determine this issue after consulting the Commissioner. In case of

reasonable doubt as to which sector the voluntary organisation

belongs, such organisation shall be included under regulation

3(2)(l) and shall therefore be represented by the Malta Council for the

Voluntary Sector.

(8) The provisions of this regulation shall not apply to the

Local Councils Association.

(1) The Chairperson of the Council and the Executive

Secretary of the Council shall, by notice in writing, sent

individually or by publication in two newspapers, one being in the

Maltese language and the other in the English language, invite

(a) each organisation forming part of the sector of activity

within civil society as listed in the register; and

(b) the Local Councils Association;

(c) the Malta Council for the Voluntary Sector;

to nominate in writing persons to represent such sector on the

Committee.

(2) Where the sector nominates only two persons, one as

representative and one as substitute, which persons must be

designated accordingly, then such persons shall be accepted by the

Chairperson of the Council to be validly nominated to such

positions.

(3) Where the sector nominates more than two persons, the

Chairperson of the Council and the Executive Secretary of the

Council shall organise an election and the person who receives the

highest number of valid votes cast within that sector shall be the

representative and the person who receives the second highest

number of valid votes cast within that sector shall be the substitute.

The same shall apply when the sector nominates only two persons

but there is no agreement within such sector as to who shall fulfil

the role of representative and who shall fulfil the role of substitute.

(4) Each sector shall be entitled to elect one representative and

one substitute.

(5) In the case of a resignation or retirement by any

representative, the substitute shall fill the post of the representative

who resigned or retired for the period of office remaining for that

representative, and the sector shall nominate a person to fill the

post of substitute, or if an election had originally been held, the

person with the next highest number of valid votes cast within that

sector shall be the substitute also for such period.

(6) In the case of a resignation or retirement by any substitute,

the sector shall nominate a person to fill the post of substitute, or if

an election had originally been held, the person with the next

highest number of valid votes cast within that sector shall be the

substitute for the period of office remaining for that substitute.

(7) In the case of the sector representing organisations involved

w i t h p e r s o n s w i t h d i s a b i l i t y, i t m a y d i r e c t l y n o m i n a t e i t s

representative and substitute as stated in sub-regulation (2);

however should an election need to be held, notwithstanding sub-

regulation (3), candidates who have a disability shall be appointed,

on the basis of the number of valid votes cast within that sector, in

preference to other persons who do not have a disability even if

receiving more votes.

(8) In the absence of two persons with a disability elected to

act as representative and substitute, then the persons receiving the

highest number of valid votes cast within that sector shall be

elected to such positions in accordance with this regulation.

(9) In the case of resignation or retirement of any

representative or substitute the preference stated above shall apply

mutatis mutandis.

(10) In the case of the Local Councils Association, the

Association shall directly nominate one person to represent local

councils on the Committee and one substitute.

(11) In the case of the Malta Council for the Voluntary Sector, it

shall be represented on the Committee by the Chairperson of Malta

Council for the Voluntary Sector and one (1) directly nominated

substitute.

(1) The persons nominated or elected to represent each

sector under these regulations shall be appointed as the members of

the Committee by the Prime Minister, upon receiving the advice in

accordance with article 6(2) of the Act, by means of a Notice issued

by the Prime Minister and published in the Gazette listing the said

members of the Committee, identifying both representatives and

substitutes.

(2) Appointments shall be made for a period of two years

which shall commence on the date of the Notice.

(1) The Chairperson of the Committee shall be elected by

the members of the Committee from among themselves by simple

majority, for a period of two years. The election shall take place at

the first meeting of the Committee.

(2) The Chairperson of the Committee may request any one of

the persons nominated or elected as representatives or, in their

absence, their substitutes to

(a) act as his substitute on the Council and attend

meetings instead of him when he is unable to do so, in

which case, such person shall have the right to vote

instead of the Chairperson of the Committee on issues

being discussed in the Council; or

(b) assist him in meetings of the Council, in which case,

such person will not have the right to vote but shall

attend the meetings of the Council as an observer.

(3) The Chairperson of the Committee shall choose a person

from those nominated or elected as representatives or, in their

absence their substitutes, to act as his substitute or his assistant, as

the case may be, at his absolute discretion depending on

(a) the subject matter to be discussed in the Council; and

(b) the sector of activity within civil society which such

person represents.

The Committee shall have the power to regulate its own

procedure consistently with the Act and any regulations made

thereunder and generally accepted rules of order.

(1) The Committee shall meet at least once every month at

such time and on such date as may be designated and notified to the

members for that purpose by the Chairperson of the Committee.

The time and date in which meetings are to be held shall also be

notified to the Chairperson of the Council on the same date on

which they are notified to the members of the Committee. The

Chairperson of the Council may attend the meetings of the

Committee as an observer.

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

designated by the Chairperson of the Council.

The quorum for a meeting shall be a number of members

representing fifty per cent plus one of all the members of the

Committee. If within half an hour from the time appointed for the

meeting a quorum is not present, the meeting shall stand adjourned

to such other day, time and place as the Chairperson of the

Committee may indicate beforehand in the notice convening the

adjourned meeting and which adjourned meeting shall not be held

later than seven working days from the date of the original meeting.

If at the adjourned meeting a quorum is not present within half an

hour from the appointed time the members present in that meeting

shall constitute a quorum.

(1) The Executive Secretary of the Council shall be the

Executive Secretary of the Committee. It shall be the function of

the Executive Secretary to

(a) keep the minutes of the meetings of the Committee;

and

(b) keep a record of the members present during the

meeting, the members who are absent and the members

who are excused.

(2) The Executive Secretary of the Council may nominate any

other person from the employees of the Council to attend the

meetings of the Committee in his absence and to fulfil all functions

of Executive Secretary of the Committee.

The minutes of the proceedings of every meeting shall be

kept by the Executive Secretary of the Committee and shall be read

and approved at the commencement of the following meeting. The

approved minutes shall be accessible to the members of the

Committee at all times. The Executive Secretary of the Committee

shall make such approved minutes available to the members of the

Council, if requested.

The Council shall provide the Secretariat of the

Committee.