CORRECTIONAL SERVICES AGENCY (ESTABLISHMENT) ORDER

SUBSIDIARY LEGISLATION 595.32

CORRECTIONAL SERVICES AGENCY

(ESTABLISHMENT) ORDER

2nd July, 2019

LEGAL NOTICE 121 of 2019.

The title of this order is the Correctional Services

Agency (Establishment) Order.

In this order, unless the context otherwise requires

"the Act" means the Public Administration Act;

"Agency" means the Correctional Services Agency

established by article 3;

"Board of Governance" shall have the same meaning as

that assigned to it by regulation 3 of the Prisons (Board of

Governance) Regulations;

"Chief Executive Officer" shall have the same meaning

as provided by article 4;

"implementation unit" means the unit responsible for

project management and the implementation of initiatives and

innovations;

"Minister" means the Minister responsible for prisons;

"prison" shall have the same meaning assigned to it by

article 2 of the Prisons Act;

"prison officer" shall have the same meaning assigned to

it by article 2 of the Prisons Act.

(1)

There shall be established an Agency, to be known

as the Correctional Services Agency hereinafter referred to as "the

Agency".

(2)

The Agency shall be a body corporate having a distinct

legal personality and shall be capable of entering into contracts, of

employing personnel, of acquiring, holding and disposing of any kind

of property for the purposes of its operations and of suing and being

sued

Provided that and without prejudice to the provisions of

article 39 of the Act, the Minister responsible for prisons shall be

entitled to give directions in writing and the Agency shall be bound to

observe such directives.

(3)

The legal and judicial representation of the Agency shall

be vested in the Chief Executive Officer who shall have the overall

CORRECTIONAL SERVICES AGENCY (ESTABLISHMENT

responsibility of the running of the Agency.

(4)

The Agency shall be subject to the provisions of the Act

and its employees shall uphold and promote public service values and

those specific to the role of the Agency.

(1)

There shall be a Chief Executive Officer

appointed by the Minister, who shall have the overall responsibility for

the day-to-day running of the Correctional Services Agency.

(2)

The Chief Executive Officer shall report on a regular

basis to the Board of Governance on the day-to-day running of the

Correctional Services Agency and related matters.

(1)

The Agency shall enter into an Agency

Performance Agreement with the Minister with a view to determining

the funding of the agency, the targets it is expected to meet, as well as

the tasks to be addressed and achieved.

(2)

The Agency Performance Agreement may cover one (1)

or more years and shall be renewable in accordance with such

directives and guidelines as the Principal Permanent Secretary may

issue governing the development of agency performance agreement.

The Board of Governance shall be entrusted with

overseeing the implementation of national legislation and policy

concerning Correctional Services, as well as to oversee the policy and

strategy for the running of the Correctional Services.

(1)

There shall be established a Unit within the

Correctional Services Agency to be known as the "Implementation

Unit".

(2)

The Head of the Implementation Unit shall be appointed

by the Minister for a period of three (3) years.

(3)

The Head of the Implementation Unit shall

(a)

ensure that policies set by the Board of

Governance are being implemented;

(b)

implement projects and programmes for the

embellishment of the facilities;

(c)

assume responsibility for project management,

including EU funding initiatives, and the implementation of

initiatives and innovations;

(d)

report on progress achieved to the Board of

Governance; and,

(e)

implement other initiatives as directed by the

Minister.

(1)

The Agency shall draw up yearly estimates for

each financial year and submit them for consideration of the Minister

in accordance with norms and practices established by the Minister

responsible for finance.

(2)

The Agency shall 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 the cost of its operational and

capital expenditure identified in its financial business plan.

(3)

In the conduct of its affairs, the Agency may levy fees for

services rendered by it which shall as far as possible, be used for the

on-going upkeep and maintenance of the centres under its

responsibility.

(4)

The Minister may, after consultation with the Minister

responsible for finance give such directives with a view to applying

any excess of revenue over expenditure to the formation of reserve

funds to be used for the purposes of the Agency.

(5)

Without prejudice to the generality of the powers given

by the Minister under sub-article (4), any directive given by the

Minister may order the transfer to the Government, or the application

in such manner as may be specified in the directive, 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 with the concurrence of the Minister

responsible for finance.

(1)

The Agency shall keep proper books of account

and other records in respect of its operations and shall cause to be

prepared a statement of accounts in respect to each financial year.

(2)

Such accounts shall be audited by an auditor or auditors

appointed for this purpose by the Agency with the concurrence of the

Minister responsible for finance and the Minister

Provided that the Minister responsible for finance, may

after consultation with the Minister, require moreover that the books

and accounts of the Agency be audited or examined by the Auditor

General who shall for this purpose have the powers to carry out such

physical checking and any other certifications as he may deem

necessary.

(1)

The Agency shall, not later than six (6) weeks

after the end of each financial year, present to the Minister a report

dealing generally with the activities of the Agency during that

financial year and containing an audited statement of accounts

together with such information relating to the proceedings and

CORRECTIONAL SERVICES AGENCY (ESTABLISHMENT

workings of the Agency to fulfil its functions and future plans.

(2)

The report mentioned in sub-article (1) shall be laid on

the Table of the House by the Minister not later than six (6) weeks

after its receipt, or where the said House is during the period not in

session, not later than the second week after the House resumes its

sittings.

(1)

Without prejudice to the other provisions of this

order, the appointment of officers and other employees of the Agency

shall be made by the Agency. The terms and conditions of employment

shall be established by the Agency with the concurrence of the

Minister in accordance with the provisions of the Public

Administration Act, the Prisons Act and any subsidiary legislation

made thereunder.

(2)

The Agency shall appoint and employ, at such

remuneration and upon such terms and conditions as it may in

accordance with sub-article (1) determine, such officers and

employees of the Agency as may be necessary for the due and efficient

discharge of the function of the Agency in compliance with established

Government procedures

Provided that all employees having an employment

contract with the Department of Correctional Services on the date of

the coming into force of this order will be taken over by the Agency in

terms of article 38 of the Employment and Industrial Relations Act and

become employees of the Agency.

(1)

The Prime Minister may at the request of the

Agency from time to time direct that any public officer shall be

detailed for duty with the Agency in such capacity and with effect

from such date as may be specified in the said direction

Provided that, the Prime Minister may at any time revoke

such direction.

(2)

Where any 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 purposes of any law relating to

Government service pensions, service with the Agency shall be

deemed to be service with the Government.

(3)

Any public officer serving in the Agency on the date of

the coming into force of this order shall from such date be deemed to

have been detailed by direction of the Prime Minister for duty with the

Agency as a Government agency under the provisions of article 11,

and thereupon the provisions of the same article shall apply to such

officer who shall continue to be detailed for duty as aforesaid until

such time as the Prime Minister may revoke such direction as provided

in sub-article (1)

Provided that where the Prime Minister revokes any

direction as aforesaid the officer in whose respect the direction is

revoked shall retain such grade in the public service which he held

immediately before being detailed for duty with the Agency as a

Government agency by virtue of this order or shall occupy such other

higher grade which he would have occupied had he not been detailed

as aforesaid.

(1)

When anything has been commenced by or under

the authority of the Government prior to the date of the coming into

force of this order, and such thing relates to any of the properties or

undertakings or any right or liability transferred to the Agency by or

under this order, such thing may be carried on and completed by or as

authorised by the Agency.

(2)

Where, immediately before the coming into force of this

order, any legal proceedings are pending to which the Government is

or is entitled to be a party, and such proceedings are related to any of

the properties or undertakings, or any right or obligation or liability

transferred by or under this order to the Agency, the Agency shall, as

from the aforesaid date, be substituted in such proceedings for the

Government, or shall be made a party thereto in like manner as the

Government could have become, and such proceedings shall not be

abated by reason of the substitution.

(1)

The Board of Governance shall retain all its

functions under the Prisons Act and assume new functions as

determined by the present legislation.

(2)

The Chief Executive Officer shall assume all the

responsibilities of the Director, provided that certain initiatives as

identified in the present legislation shall be subsumed by the

Implementation Unit.

(3)

The Agency shall assume all the responsibilities,

obligations and functions of the Corradino Correctional Facility and

the Department in the Prisons Act, and shall be bound by all provisions

of the Prisons Act and any subsidiary legislation made thereunder.

(1)

Any reference in any other law to "Director",

meaning the Director responsible for Prisons or Corradino

Correctional Facility and "Director of Correctional Services" shall be

read and construed, after the coming into force of this order, as a

reference to the Chief Executive Officer.

(2)

Any reference in any other law to "Prison" or

"Department", meaning the Department responsible for the

Correctional Facility, shall be read and construed, after the coming

into force of this order, as a reference to the "Correctional Services

CORRECTIONAL SERVICES AGENCY (ESTABLISHMENT

Agency".