ŻFIN MALTA REGULATIONS *

SUBSIDIARY LEGISLATION 542.04

ŻFIN MALTA REGULATIONS *

30th December, 2014

LEGAL NOTICE 476 of 2014, as amended by Act XV of 2015.

The title of these regulations is the ŻFIN Malta

Regulations.

In these regulations, unless the context otherwise requires

"Agency" means ŻFIN Malta as set up by regulation 3;

"Board" means the Board of Directors as established by

regulation 4;

''Contractor'' means a person acting in pursuance of an agreement

entered into with the Agency or in accordance with regulation 5(3);

"Council" means the Arts Council Malta as established by the

Arts Council Malta Act;

"European Union" has the same meaning as is assigned to it by

the European Union Act;

"Minister" means the Minister responsible for Culture.

(1) There shall be established an Agency, to be known as

ŻFIN Malta to be responsible for the establishment and

development of a dance ensemble.

(2) The Agency shall be a body corporate having a distinct

legal personality and capable of entering into contracts, of

acquiring and disposing of property of any kind for the purposes of

its functions under these regulations any other law, of suing and of

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

transactions as are incidental to or conducive to the exercise or

performance of its functions aforesaid.

(3) The Agency shall be composed of the Chairperson

appointed under regulation 4(3) and the Board established under

regulation 4(2), and any other department necessary for the

fulfilment of the powers and functions as outlined in these

regulations.

(4) The Agency shall have the power to formulate its own rules

and administrative procedures.

(5) The Agency shall have the power to engage any individual

meeting the professional skills required to deliver the agencies

artistic programme in the best manner possible.

(6) The Agency will achieve its objective through the

performance, amongst others of these functions

(a) to engage an ensemble of high quality Maltese and

International artists in developing and delivering a

repertoire of dance performances on a national and

*These regulations have been repealed by Legal Notice 118 of 2023.

ŻFIN MALTA

international level;

(b) reflect cross cultural dialogue and collaboration within

a dance ambit;

(c) support the position of Malta as a cultural hub of

contemporary dance in Europe and the Mediterranean;

(d) support the establishment of Malta’s role as an

international partner in the cultural and creative

sectors;

(e) provide employment opportunities in dance,

particularly to a community of young Maltese artists

through

professional

practice,

community

development, training, outreach and arts management;

(f)

develop collaborative partnerships between artists and

creative practitioners from other sectors of the creative

industries both on a national and international level;

(g) develop audiences by presenting high quality dance

related performances and projects in an inclusive and

accessible manner.

(7)

In fulfilling its functions, the Agency shall have the power

(a) with the consent of the Minister, take part in the

formation of a company, or enter into joint ventures or

partnerships for the purpose of fulfilling any of its

functions;

(b) collaborate with Local Councils, non-governmental

organisations and other persons for the carrying out of

its functions;

(c) deal, negotiate and enter into agreements of a

permanent or temporary nature with any public body,

public authority, government department, public

corporation, local council, or private entity or person

in fulfilling its functions;

(d) appoint, in writing, a person or persons for a specified

duration to render services of any nature. The person

so appointed in pursuance of this paragraph shall

discharge any specific duties and function as may be

assigned to him under this paragraph and by the

Agency in the letter of appointment.

(1) The Board shall consist of a Chairperson and another

four voting members.

(2) The members of the Board shall be appointed by the

Minister from a list of persons who appear to such Minister to have

experience and show ability in matters relating to the sector.

(3) The Minister shall designate one of the members of the

Board of Directors as the Chairperson.

(4) Each member of the Board of Directors shall occupy such

post for a term of three years. The members so appointed may be

eligible for re-appointment on the expiration of their term of office.

(5) The Minister may designate any one other member of the

Board as Deputy Chairperson and the member so designated shall

have all the powers and perform all the functions of the

Chairperson during his temporary absence or inability to act as

Chairperson, or while the Chairperson is on vacation, or during any

vacancy in the office of Chairperson

Provided that if the Chairperson’s absence is permanent or

long-lasting, the Minister may appoint any other person as

Chairperson and in such case the foregoing provisions shall apply

in respect of such person.

(6) A person shall not be qualified to hold office as

Chairperson or as any member of the Board if that person

(a) is a Judge or Magistrate of the courts of justice; or

(b) is legally interdicted or incapacitated; or

(c) is convicted of an offence affecting public trust, or of

theft or fraud, or of knowingly receiving property

obtained by theft or fraud or of bribery or of money

laundering; or has otherwise been sentenced to a term

of imprisonment for a term not less than three months;

(d) is subject to disqualification under article 320 of the

Companies Act;

(e) has a financial or other interest in any enterprise or

activity which is likely to affect the discharge of his

functions

Provided that the Minister may waive the

disqualification of a person under this paragraph if

such person declares the interest, and such declaration

and waiver are published in the Gazette.

(7) Subject to the provisions of this regulation, the office of a

member of the Board shall become vacant

(a) on the expiration of the member’s term of office;

(b) if any circumstances arise that, if he were not a

member of the Board, would cause him to be

disqualified for appointment as member; or

(c) if the member resigns or if one of the scenarios

mentioned in sub-regulation (9) materialise.

(8) The Chairperson or any other member of the Board may be

relieved from office by the Minister prior to the expiry of his term

of office where, in the opinion of the Minister, he has been guilty of

misconduct or on ground of inability to continue to perform the

functions of office, due to infirmity of mind or of body, of

misbehaviour, or any other reasonable cause.

(9) If the office of a member of the Board is vacant, or if a

Board member is for any reason unable to perform the functions of

his office, the Minister may appoint a person who is qualified to be

appointed to be a Board member to be a temporary member of the

Board; and any person so appointed shall, subject to the provisions

of sub-regulations (7) and (8), cease to be such a member when a

person has been appointed to fill the vacancy or, as the case may

be, when the member who was unable to perform the functions of

his office resumes those functions.

(10) (a) The Board may act notwithstanding any vacancy

among its members: provided a quorum is present at

each meeting.

(b)

(i)

The quorum at all meetings of the Board shall

not be less than three voting members.

(ii) In the absence of the Chairperson at any meeting

of the Board, the Deputy Chairperson shall act

as chairperson; in the absence of both the

Chairperson and of the Deputy Chairperson, the

members present may select from amongst

themselves a person to act as chairperson at the

meeting.

(c) The decisions of the Board shall be taken by a majority

of the votes of the members present and voting. The

Chairperson presiding at the meeting shall have a

second or casting vote.

(d) The Board shall hold such number of meetings as may

be necessary for the performance of its functions, and

shall meet not less than once a month. The

Chairperson of his own motion or any two of the

voting members may at any time convene a meeting of

the Board.

(11) There shall be paid to the voting members of the Board

such remuneration, if any, as the Minister may from time to time

determine.

(12) The Board shall appoint one of the agency’s officers to act

a s S e cr et a r y o f t h e B o ar d f o r s u c h p e r i o d a s i t sh a l l d e e m

appropriate.

(13) The Board may regulate its own procedure generally, and,

in particular, regarding the holding of meetings of the Board, the

notice to be given of such meetings, the proceedings thereat, the

keeping of minutes, the custody, production and inspection of such

minutes, and the opening, keeping, closing and audit of accounts.

(14) Any member of the Board shall abide by the Code of Ethics

for Board Directors in the Public Sector issued by the Office of the

Prime Minister. Any member of the Board, shall also sign an

understanding outlining his duties as a Board member, inter alia,

the duty of confidentiality and regulating conflict of interests.

(1) The Board may appoint an Agency Administrator from a

list of persons after a call of applications. The Agency

Administrator shall hold office for a period of three years and the

individual occupying the role may be re-appointed for one further

consecutive term. If the individual is so re-appointed for one

further consecutive term, the individual occupying the role may not

be re-appointed for a further consecutive term until the lapse of six

consecutive years, in which the present mechanism shall start to

run anew.

(2) The executive conduct of the Agency, its administration and

organisation and the administrative control of its officers and

employees, shall be the responsibility of the Agency Administrator

who shall also have such other powers as may from time to time be

delegated to him by the Agency.

(3) Subject to the provisions of subregulation (2) the Agency

may exercise its functions through any of its officers or employees

or through an entity or agency authorised for the purpose, or

through a contractor or other person with whom an agreement for

the performance of any one or more of such functions has been

entered into.

(4) The Agency Administrator may attend the meetings of the

Board but shall not have a vote at such meetings

Provided that the agency may, if it deems so fit, require the

Agency Administrator not to attend any of the meetings or any part

of a meeting.

(5) The Agency Administrator shall, upon taking office, sign

an understanding outlining his duties of confidentiality and conflict

of interests, which shall regulate his term.

(6) The Agency Administrator may be relieved from office by

the Board, upon consultation with the Minister, prior to the expiry

of his term of office where, in the opinion of the Board, he has been

guilty of misconduct or on ground of inability to continue to

perform the functions of office, due to infirmity of mind or of body,

of misbehaviour, or any other reasonable cause.

(1) The Board shall appoint an Artistic Director from a list

of persons after a call for applications. The Artistic Director shall

hold office for a period of three years and the individual occupying

the role may be re-appointed for one further consecutive term. If

the individual is so re-appointed for one further consecutive term,

the individual occupying the role may not be re-appointed for a

further consecutive term until the lapse of six consecutive years, in

which the present mechanism shall start to run anew.

(2) The artistic direction of the Agency together with the

direction of employees engaged in both the artistic and the

technical departments shall be the responsibility of the Artistic

Director who shall also have such other powers as may from time to

time be delegated to him by the Agency.

(3) The Artistic Director shall attend the meetings of the Board

but shall not have a vote at such meetings

Provided that the agency may, if it deems so fit, require the

Artistic Director not to attend any of the meetings or any part of a

meeting.

(4) The Artistic Director shall, upon taking office, sign an

understanding outlining his duties of confidentiality and conflict of

interests, which shall regulate his term.

(5) The Artistic Director may be relieved from office by the

Board, upon consultation with the Minister, prior to the expiry of

his term of office where, in the opinion of the Board, he has been

guilty of misconduct or on ground of inability to continue to

perform the functions of office, due to infirmity of mind or of body,

of misbehaviour, or any other reasonable cause.

(1) The Artistic Director shall, subject to the general

direction of the Board, be responsible for the implementation of the

artistic objectives of the Agency in the exercise of its functions by -

(a) developing strategies addressing the objectives of the

Agency;

(b) devising and directing an artistic programme that shall

meet the vision and goals of the Agency;

(c) assuming full responsibility for the management,

coordination and development of the artistic

department within the Agency;

(d) advise the Agency on any matter it may refer to him or

on any matter which he considers necessary or

expedient;

(e) perform such other duties as the Agency may be

assigned to him from time to time.

(1) The legal representation of the Agency shall vest in the

Chairperson

Provided that the Agency may appoint any one or more of

its members or officers or employees to appear in the name and on

behalf of the Agency in any judicial proceedings and in any act,

contract, instrument or other document whatsoever.

(2) Any document purporting to be an instrument made or

issued by the Agency and signed by the Chairperson or issued by

and signed by the Agency Administrator shall be received in

evidence and shall, until the contrary is proved, be deemed to be an

instrument made or issued by the Agency or the Agency

Administrator.

(1) Subject to the provisions of the Constitution, any other

enactment applicable thereto, and without prejudice to the other

provisions of these regulations, the appointment of employees of

the Agency shall be made by the Agency itself. The terms and

conditions of employment shall be established by the Agency with

the concurrence of the Minister.

(2) The Agency shall appoint and employ, at such remuneration

and upon such terms and conditions as it may determine, such

officers and employees of the Agency as may from time to time be

necessary for the due and efficient discharge of the functions of the

Agency.

(3) In line with the provisions of the Public Administration Act

or with the approval of the Prime Minister, the Agency may

request, after consultation with the Minister, from time to time, that

any public employee shall be detailed for duty with the Agency in

such capacity and with effect from such date as may be specified in

the direction.

(4)

Where a public officer is detailed for duty with the agency

such officer shall, during the time in which such direction is in

force, be under the administrative direction and control of the head

of the agency, but shall otherwise remain and retain all rights and

duties as a public officer, and for the purpose of any law relating to

government service pensions, service with any such agency shall be

deemed to be service with the Government

Provided that in assessing the pensionable emoluments of

such officer for the purposes of any law relating to government

service pensions, no account shall be taken of any allowances,

bonuses or gratuities paid to such officer by the agency in excess of

what he is entitled to as a public officer

Provided further that during the time in respect of which he

is so detailed to perform duties with the agency his terms and

conditions of service shall not be less favourable than those which

are attached to his appointment with the Government during the

period aforesaid. Such terms and conditions shall not be deemed to

be less favourable because they are not in all respects identical or

superior to those enjoyed by the officer concerned at the date of

such detailing, if in the opinion of the Prime Minister such terms

and conditions, taken as a whole, offer substantially equivalent or

greater benefits.

(5)

(a) For the purposes of calculating pensionable

emoluments, posts and salary grades with the agency

shall be classified in the most nearly corresponding

grades and incremental levels in the services of the

Government of Malta by reference to job descriptions,

skills, responsibilities and other analogous factors.

(b) For the purposes of calculating pensionable

emoluments no post shall be classified in a grade

higher than that of a Grade 3 in the service of

Government or such other grade that the Minister

responsible for finance may from time to time, by

notice in the Gazette, determine.

(c) Without prejudice to any other law, where on the date

of the coming into force of these regulations,

arrangements which should have been made with

respect to public officers that have been detailed in

terms of any applicable law have not been finalised,

the Prime Minister may issue regulations with the

purpose of resolving any administrative difficulties

that may have arisen between the time that a public

officer has been detailed.

(1) Without prejudice to the following provisions of this

regulation, the Agency shall so conduct its affairs that so much of

the expenditure required for the proper performance of its functions

shall, as far as practicable, be met out of its revenue.

(2) For such purpose the Agency shall levy all fees, rates and

other payments prescribed or deemed to be prescribed by or under

these regulations or any other law related to the powers and

functions of the Agency.

(3) The Agency shall also be paid by the Government out of the

Consolidated Fund such sums as the House of Representatives, may

from time to time authorise to be appropriated to meet any of its

expenditure that cannot be met out of its revenue and the costs of

specified works to be continued or otherwise carried out by the

Agency.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

of Finance, may from time to time give, be applied by the Agency

to the formation of reserve funds to be used for the purposes of the

Agency; and without prejudice to the generality of the powers

given to the Minister by this sub-regulation, any direction given by

the Minister as aforesaid may order the transfer to the Government,

or the application in such manner as may be specified in the

direction, of any part of the fees, rates and other payments levied in

accordance with sub-regulation (2) or any such excess as aforesaid.

(5) Any funds of the Agency not immediately required to meet

expenditure may be invested in such manner as may from time to

time be approved by the Minister.

The Minister of Finance may, after consultation with the

Minister, make advances to the Agency of such sums as he may

agree to be required by the Agency for carrying out any of its

functions under these regulations, and may make such advances on

suc h t erm s and con dit io ns as h e m ay, af ter con sult atio n as

aforesaid, deem appropriate. Any such advance may be made by the

Minister of Finance out of the Consolidated Fund, and without

further appropriation other than these regulations, by warrant under

his hand authorising the Accountant General to make such advance.