VALLETTA CULTURAL AGENCY (ESTABLISHMENT) ORDER

(ESTABLISHMENT)

SUBSIDIARY LEGISLATION 542.05

VALLETTA CULTURAL AGENCY

(ESTABLISHMENT) ORDER

29th March, 2019

LEGAL NOTICE 427 of 2018.

(1)

The title of this Order is the Valletta Cultural

Agency (Establishment) Order.

In this Order, unless the context otherwise requires

"Act" means the Arts Council Malta Act;

"Agency" means Valletta Cultural Agency as set up by

article 3;

"Board" means the Board as established by article 4;

"Council" means the Arts Council Malta;

"Foundation" means the Valletta 2018 Foundation

established by public deed in the acts of Notary John Spiteri

published on the 17 th October 2011, as subsequently amended

by public deed in the acts of Notary Myriam Spiteri Debono by

deed published on the 10 th November 2014;

"Minister" means the Minister responsible for Culture.

(1)

There shall be established an Agency, to be known

as Valletta Cultural Agency, to implement the objectives and perform

all those functions established in this Order and to carry forward the

legacy of the Foundation.

(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 this Order and 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 article 4(3) and of the Board established under article

4(2), and any other unit necessary for the fulfilment of the powers and

functions as outlined in this Order.

(4)

The Agency shall have the power to formulate its own

rules and administrative procedures.

(5)

The Agency shall achieve its objectives through the

(ESTABLISHMENT)

performance, amongst others of the following functions, based on the

legacy of the Valletta 2018 Foundation

(a)

to create a comprehensive cultural plan for Valletta

that is sustainable, inclusive and equitable, and to oversee its

implementation;

(b)

to develop and produce an annual cultural

programme for Valletta, also in collaboration with other Public

Cultural Organisations, to further stimulate inclusion, access and

participation while enabling the development of creative skills;

(c)

to further support, value and enable traditional

cultural community celebrations which are an important part of

the social fabric;

(d)

to further encourage broad and equitable

distribution of and participation in cultural activities throughout

Valletta;

(e)

to administer funding programmes and budgets in

order to assist artists and Public Cultural Organisations based,

operating and, or working in Valletta;

(f)

to commission temporary works of art for public

buildings and sites throughout Valletta;

(g)

to protect and promote Valletta’s cultural and

artistic heritage;

(h)

to establish and uphold standards of excellence for

cultural events taking place in Valletta;

(i)

to coordinate the bidding process for the next

Capital City of Culture title for the Maltese islands; and

(j)

to exercise any other function that may be assigned

by the Minister responsible for Culture.

(6)

In fulfilling its functions, the Agency shall have the

power to

(a)

collaborate with Public Cultural Organisations,

local councils, non-governmental cultural organisations and

other persons for the carrying out of its functions;

(b)

enter into arrangements with public bodies, public

authorities, government departments, public corporations, and

local councils in fulfilling its functions; and

(c)

with the consent of the Minister, enter into joint

(ESTABLISHMENT)

ventures or partnerships for the purpose of fulfilling any of its

functions.

(1)

The Board shall consist of a Chairperson and not

less than four (4) and not more than ten (10) voting members.

(2)

The members of the Board shall be appointed by the

Minister.

(3)

The Minister shall designate one of the members of the

Board as non-Executive Chairperson.

(4)

Each member of the Board shall occupy such post for a

term of three (3) years and the members 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

the Chairperson’s 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 is such so that the functioning of the Board is affected, 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 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 (3) 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 these

functions

Provided that the Minister may waive the

disqualification of a person under this paragraph if such person

(ESTABLISHMENT)

declares the interest, and such declaration and waiver are

published in the Gazette.

(7)

Subject to the provisions of this Order, 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 in the eventuality of the

circumstances mentioned in sub-article (9) arising.

(8)

The Chairperson or any other member of the Board may

be removed 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 as Board member to be a temporary member of the Board;

and any person so appointed shall, subject to the provisions of sub-

articles (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 that a quorum is present at each meeting;

(b)

(i)the quorum at all meetings of the Board shall not

be less than half of the voting members plus one;

(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 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;

(ESTABLISHMENT)

(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) The remuneration paid to members of the Board shall be

in accordance with the applicable directives and guidelines issued by

the Government from time to time.

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

act as Secretary of the Board for such period as it shall deem

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 members 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 Board member, including the

duty of confidentiality and regulating conflicts of interest.

(1)

The Board may, with the approval of the Minister,

appoint a Chief Executive Officer after a call for applications is issued

by the Agency to this effect or, in the case where no such call is issued,

the provisions of the Public Administration Act shall apply insofar as

the appointment of the Chief Executive Officer is concerned.

(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 Chief Executive Officer

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

delegated to the him by the Agency and, without prejudice to the

generality of the foregoing, shall

(a)

assume full responsibility for the overall

supervision and control of the units, divisions and sections of

the Agency;

(b)

assign to each unit, division and section such

duties which he considers necessary or expedient;

(c)

co-ordinate the work of the units, divisions and

sections;

(ESTABLISHMENT)

(d)

develop the necessary strategies

for

the

implementation of the objectives of the Agency; and

(e)

perform such other duties as the responsible

Minister may assign to him from time to time.

(3)

The Chief Executive Officer may attend the meetings of

the Board but shall not have a vote at such meetings

Provided that the Agency may, if it deems fit, require the

Chief Executive not to attend any of the meetings or attend only any

part thereof.

(1)

The legal and judicial representation of the Agency

shall vest in the Chief Executive Officer

Provided that the Agency may appoint by means of a

written board resolution 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 Chief Executive Officer 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 Chief

Executive Officer.

(1)

Subject to the provisions of the Constitution, any

other enactment applicable thereto, and without prejudice to the other

provisions of this Order, 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

Provided that all the employees of the Foundation shall be

considered as employees of the Agency on the establishment of the

Agency.

(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 effective discharge of its functions, in

accordance with directives issued under the Public Administration Act.

(3)

In accordance 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.

(ESTABLISHMENT)

(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 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 the 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 this Order, 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 arise in the interim, between the

time that a public officer has been detailed until the aforementioned

arrangements are finalised.

(1)

The Agency shall be governed by the provisions

of the Public Finance Management Act.

(2)

Without prejudice to the following provisions of this

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

expenditure required for the proper performance of its functions shall,

(ESTABLISHMENT)

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

(3)

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

other payments prescribed or deemed to be prescribed by or under this

Order or any other law related to the powers and functions of the

Agency.

(4)

The Agency shall also be paid by the Government out of

the Consolidated Fund such sums as the House, 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.

(5)

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-article, 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-article (3)

or any such excess as aforesaid.

(6)

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

this Order, and may make such advances on such terms and conditions

as he may, after consultation 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 under

this Order, by warrant under his hand authorising the Accountant

General to make such advance.

The rules and provisions contained in Part V of the Act

shall, mutatis mutandis, apply to the Agency.