LOCAL ENFORCEMENT SYSTEMS (ESTABLISHMENT AS AN AGENCY) ORDER

SUBSIDIARY LEGISLATION 595.14

LOCAL ENFORCEMENT SYSTEMS

(ESTABLISHMENT AS AN AGENCY) ORDER

14th May, 2015 *

LEGAL NOTICE 135 of 2015, as amended by Legal Notices 475 of 2020,

184 of 2023 and 150 of 2026.

The title of this Order is the Local Enforcement Systems

(Establishment as an Agency) Order.

In this Order, unless the context otherwise requires -

"the Act" means the Public Administration Act;

" A g e n c y " m e a n s t h e L o c a l En f o r c e m e n t S y s t e m A g e n c y

established by this Order;

"local enforcement" means the enforcement of any bye-laws and

any other legislation which may be entrusted to local councils or

Regional Committees by delegation or agreement as stipulated in

the Local Councils and Regional Committees (Delegation of

Enforcement) Order;

"local enforcement system" means the structural, operational and

administrative set-up required to provide local enforcement

services;

" M i n i s t e r " m e a n s t h e M i n i s t e r r e s p o n s ib l e f o r t h e L o c a l

Enforcement System Agency;

"Permanent Secretary" means the Permanent Secretary in the

Ministry responsible for the Local Enforcement System Agency.

There shall be an Agency, to be known as the Local

Enforcement System Agency, which shall carry out the functions

and duties of the public administration in the following matters

(a) providing for the enforcement of any law, regulation or

bye-law, the enforcement of which has been delegated

to regional committees, local councils or to such other

local or regional authorities as are designated by the

Local Government Act;

(aa) implementing the appropriate security measures for

the purpose of ensuring the safety of community

officers in the performance of their duties;

(ab) monitoring electronic systems as delegated or prescribed

in the Police Act and its subsidiary legislation, and under

the Electronic Monitoring Act;

*see article 1(2) of this Order as originally promulgated, and Legal Notice 311 of

2015. LOCAL ENFORCEMENT SYSTEMS

(ESTABLISHMENT AS AN AGENCY)

(b) collecting penalties, including additional penalties and

expenses which may be due to the regional committees

or local councils in terms of the Local Government

Act;

(c) administering and apportioning between the local

councils any net surpluses, after the apportionments

made in accordance with regulation 8A, resulting from

enforcement operations in accordance with a formula

established by agreement, following consultations

between the local councils’ association and the Minister;

(d) reviewing the workings of local enforcement;

(e) ensuring co-ordination of local enforcement activities;

(f)

such other matters which are ancillary, incidental or

consequential to the matters stipulated in paragraphs

(a) to (e) as the Minister may from time to time

determine; and

(g) the general regulation of its own procedures, provided

it does not violate the provisions of any other law.

The Prime Minister may assign responsibility for the Local

Enforcement System Agency to any Minister and its supervision to the

Permanent Secretary of that Minister.

(1) The Agency shall, in consultation with the Minister,

e s t a b l i s h a n d r e - o rg a n i s e u n i t s , d i v i s i o n s a n d s e c t i o n s a s

appropriate in order to exercise its functions.

(2) The operations of the Agency shall follow an Agreement

which is to be agreed upon in writing between the Permanent

Secretary and the Agency.

(1) Subject to the other provisions of this Order, the

e x e c u t i v e c o n d u c t o f t h e A g e n c y, i t s a d m i n i s t r a t i o n a n d

organisation and the administrative control of its officers and

employees, shall be the responsibility of a Chief Executive, who

shall be appointed by the Minister.

(2) The Chief Executive shall be responsible for the

implementation of the objectives of the Agency in the exercise of

its functions and, without prejudice to the generality of the

foregoing, he shall -

(a) assume full responsibility for the overall supervision

and control of the units, divisions and sections;

(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;

(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 shall be the prosecutor in any

relevant hearing in the local tribunal and shall have the same

powers assigned to the Executive Police in accordance with the

Commissioners for Justice Act. Service of any summons shall be

effected by the Chief Executive Officer as provided in article 6(2)

of the Commissioners for Justice Act or by the Executive Police or

by a community officer;

Provided that the functions of the Chief Executive Officer

in accordance with this sub-article may be delegated to any other

person as the Chief Executive Officer may determine.

Without prejudice to any of the functions established in this

order, the Agency shall implement the appropriate security measures,

which may include inter alia, body-worn cameras or any other

electronic devices, that the Agency may consider necessary for the

purpose of ensuring the safety of the community officers in the

performance of their duties. The recordings obtained from the said

devices shall be strictly used for the purpose of the prosecution of

criminal offences and criminal proceedings.

(1) Public officers deployed with the Agency shall be

deemed to be detailed with the Agency in accordance with article

33 of the Act.

(2) Subject to the provisions of the Act and of any other

legislation, the Agency shall have authority to engage its own

employees.

The Agency shall be governed by the provisions of the

Public Finance Management Act unless otherwise stated in the

Agency agreement between the Permanent Secretary and the

Agency, in which case the provisions of the Agency agreement

shall prevail.

(1) There shall be established a fund to be known as the

Contingency Fund, with an authorised capital as recommended by

the Advisory Board, after taking into account the Agency’s

commitment and future plans, and that the amount shall be

provided from appropriations made from time to time out of the net

surpluses of any Agency.

(2) The Agency shall have the power and authority to establish an

amount from any net surpluses, which shall be used for the purpose of

funding any worthy social or philanthropic causes, that may be

identified from time to time.

The operations of the Agency shall follow an Agency

p e r f o r m a nc e a g r e e m e n t w h i c h i s t o b e a g r e e d b e t w e e n t h e

Permanent Secretary and the Agency. The provisions of article 30

of the Act shall apply.

(1) The Minister may establish an Advisory Board to

assist the Chief Executive Officer in the discharge of his duties.

(2) The Advisory Board established under this article shall be

chaired by the Chief Executive Officer and shall consist of not less

than two and not more than four members appointed by the

Minister.

(3) The remuneration paid to members of the Advisory Board

shall be in accordance with the directives and guidelines issued by

the Agency from time to time.

The Agency shall collect fees for services carried out in

accordance with this order and the fees payable shall be those

established by the Agency from time to time.

(1)

The applicability of Regulation (EU) 2016/679 of

the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, and repealing Directive

95/46/EC (General Data Protection Regulation) and of the Data

Protection Act including all the regulations made thereunder and the

fundamental rights and freedoms of data subjects shall not be

prejudiced by this order.

(2)

Where the processing of data is being conducted by any

of the devices referred to in article 6A, the Agency in its function as

data controller, shall implement visible notices, which may include

inter alia, badges worn on, or next to the device, to ensure that the data

subjects are informed of the processing operation at the time of

collection of the data. The Agency shall provide the data subjects with

all the relevant information referred to in Article 13(1) and (2) of

Regulation (EU) 2016/679 of the European Parliament and of the

Council of 27 April 2016 on the protection of natural persons with

regard to the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data Protection

Regulation).

(3)

The Agency shall ensure that the recordings processed by

means of any of the devices referred to in article 6A are processed

strictly for the purposes stipulated in the said article. Where the

personal data is no longer necessary for the purposes for which the

personal data is processed, the controller shall erase the personal data

without undue delay.

(4)

Where the Agency retains the recordings obtained in

accordance with article 6A and such recordings contain personal data

of natural persons that are not necessary for the purposes of the

processing, the controller shall seek to blur out or anonymise such

personal data, where possible and to the extent that such measure does

not degrade the quality or usefulness of the data, and to the extent that

such measure does not create a reasonable likelihood of rendering

impossible or seriously impairing the achievement of the purposes of

the processing.

(5)

The Agency shall, after taking into account the status, the

costs of implementation and the nature, scope, context and purposes of

the processing as well as the risk of varying likelihood and severity for

the rights and freedoms of natural persons, implement the appropriate

technical and organisational measures to ensure a level of security

appropriate to the risk presented by the processing activity.

(6)

The Agency shall grant access to recordings obtained by

means of the devices referred to in article 6A solely to personnel duly

authorised by the Chief Executive Officer and in accordance with a

strict role-based access control mechanism.

(7)

The Agency shall implement an internal policy to

instruct the community officers on the appropriate use of the devices

referred to in article 6A in compliance with Regulation (EU) 2016/679

of the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, and repealing Directive

95/46/EC (General Data Protection Regulation), specifying when and

how these devices shall be used by community officers in the

performance of their duties.

(8)

The data protection officer designated by the Agency

shall be involved and consulted in a timely manner on all issues in

relation to the protection of personal data processed by the Agency.