ORGANISATION, ADMINISTRATION AND OPERATION OF SPECIALISED UNITS REGULATIONS

OF SPECIALISED UNITS

SUBSIDIARY LEGISLATION 595.43

ORGANISATION, ADMINISTRATION AND

OPERATION OF SPECIALISED UNITS

REGULATIONS

9th December, 2022

LEGAL NOTICE 339 of 2022.

(1)

The title of these regulations is the Organisation,

Administration and Operation of Specialised Units Regulations.

(2)

The scope of these regulations is to establish commonly

applicable regulations on the organisation, administration and

operation of specialised units established in accordance with article 9

of the Public Administration Act.

In these regulations, unless the context otherwise

requires

"Act" means the Public Administration Act;

"financial year" means the period of twelve (12) months,

starting 1st January and ending 31st December

Provided that the financial year which

commenced on the date of publication of these regulations shall

terminate on the 31st December 2023;

"Head" means the Head of the specialised unit as

provided in regulation 5;

"Malta" shall have the same meaning as that assigned to

it by article 124 of the Constitution;

"Minister" means the Minister responsible for the

specialised unit;

"Permanent Secretary" means the person, appointed in

terms of article 92 of the Constitution who is assigned and acts

in the role of Permanent Secretary as described in the Act

within the Ministry responsible for the specialised unit;

"Principal Permanent Secretary" shall have the same

meaning as assigned to it in the Act;

"public administration" shall have the same meaning as

assigned to it in the Act;

"specialised unit" means the specialised units established

by the Prime Minister by an order in the Gazette in accordance

OF SPECIALISED UNITS

with article 9 of the Act.

These regulations are without prejudice to the power of

the Prime Minister under article 9 of the Act.

(1)

A specialised unit shall be established in

accordance with the exigencies and requirements of the public

administration and for a number of functions to be executed in a

defined period.

(2)

The Prime Minister may establish a specialised unit in his

discretion or after consideration of a formal request sent by a

Permanent Secretary to establish a specialised unit.

(3)

The formal request listed in sub-regulation (2) shall

include the functions that are proposed to be assigned to the specialised

unit, description of the same, and the proposed defined period. The

request shall also be signed by the Minister proposed to be responsible

for the specialised unit or by the Principal Permanent Secretary.

(4)

The Prime Minister shall prescribe the functions and the

defined period mentioned in sub-regulation (3) in the order issued in

accordance with article 9 of the Act.

(5)

A specialised unit shall not have legal personality and

shall be considered to be part of the Ministry of the Minister

Provided that if the Prime Minister considers that the

specialised unit requires a separate legal personality in order to be able

to operate and execute its functions in the best way, the Prime Minister

shall prescribe that the specialised unit has legal personality in the

order issued in accordance with article 9 of the Act.

(6)

For the purpose of carrying out its functions, a specialised

unit may collaborate with ministries, departments, authorities,

corporations and government agencies, local councils, regional

councils, non-governmental organisations, private organizations and

enterprises, and other persons.

(7)

(a)

The Minister may on request of the Permanent

Secretary, following consultation with the Prime Minister, appoint a

Supervisory Board with the role of supervising the operation and the

performance of the functions by the specialised unit;

(b)

The Supervisory Board shall be made up of a

Chairperson, two (2) ordinary members who shall be appointed by the

Prime Minister and a secretary who shall be appointed by the Minister

Provided that the secretary shall be responsible for taking

the minutes of the Board's meetings and for the Board’s

communication, and shall be a non-voting member of the Board

OF SPECIALISED UNITS

Provided further that the ineligibility mentioned in

regulation 5(5) shall apply mutatis mutandis to the persons appointed

on the Board, and the persons working in the specialised unit shall be

deemed ineligible to serve on the Board.

(c)

The Supervisory Board may adopt general procedures for

its operation;

(d)

The members of the Supervisory Board may be paid a

remuneration in accordance with the applicable directives and

guidelines issued by the Government from time to time.

(8)

The existence of a specialised unit shall terminate,

whichever of the following occurs first

(a)

at the end of the defined period; or

(b)

upon the performance of functions

Provided that if the defined period expired and the

functions have not been performed completely and there is a need that

the specialised unit should continue to exist until the carrying out of

the assigned functions are completed, the Prime Minister may amend

the order issued in accordance with article 9 of the Act and extend the

existence of the specialised unit by a number of months but which

shall not exceed more than three (3) years.

(1)

Public officers may be assigned by the Prime

Minister to work in a specialised unit.

(2)

The assignment of a public officer to work in a

specialised unit shall not prejudice or affect the working conditions, to

which the same public officer is entitled, and throughout the period of

the assignment, he shall continue to be considered to be a public

officer.

(3)

A specialised unit shall be managed by a Head,

appointed by the Minister

Provided that the Minister shall ensure that the person

appointed as Head has qualifications or experience that can help him

in fulfilling his role in the specialised unit.

(4)

The Head shall report to the Permanent Secretary.

(5)

A person shall not be eligible to serve as Head or shall be

disqualified from continuing to serve as Head

OF SPECIALISED UNITS

(a)

where such person is convicted of any crime

mentioned in Titles V, VI and IX of Part II of Book First of the

Criminal Code;

(b)

where such person is subject to a disqualification

under article 320 of the Companies Act;

(c)

where such person is convicted of theft or fraud, or

of knowingly receiving property obtained by theft or fraud, or of

bribery or money laundering, or has been sentenced to a term of

imprisonment for a term not less than three (3) months;

(d)

where such person is legally interdicted or

incapacitated;

(e)

where such person is a Judge or Magistrate of the

Courts of Justice;

(f)

where such person is a member of the Cabinet in

accordance with article 79 of the Constitution, or a

Parliamentary Secretary appointed in accordance with article 88

of the Constitution; or

(g)

where such person has a financial or other interest

in any enterprise or activity which is likely to affect the carrying

out of his functions as Head.

(6)

Without prejudice to article 9(3) of the Act, the Head

shall in the carrying out of his duties, act with prudence, diligence,

attention and observe the utmost good faith.

(7)

The term of office for the Head shall not be connected to

the defined period of the specialised unit

Provided that the term of office of a Head shall end if the

defined period of the specialised unit expires, and may also end upon

the death or the resignation of that Head or the disqualification of that

person to continue serving as Head.

(1)

The expenditure of the specialised unit required for

the fulfilment of the work and the proper performance of its functions

shall be established by the estimates allocated to the Ministry of the

Minister.

(2)

If required in the performance of its functions, the

specialised unit may impose fees, rates and other charges as may be

published or agreed upon by the Ministry of the Minister with third

parties.

(3)

The Head shall be responsible for managing the

specialised unit within the given financial parameters.

OF SPECIALISED UNITS

(4)

(a)

The specialised unit shall prepare an annual report

where it shall render an account of its operation, activities, and

financial management in respect of each financial year;

(b)

In its annual report, the specialised unit shall

provide

(i)

an overview of the operation of the

specialised unit during that financial year,

including reference to the implementation of

the functions, the objectives reached, and the

governance of the specialised unit; and

(ii)

an overview of the operation of the

specialised unit from a financial aspect;

(c)

The specialised unit shall, within five (5) months

from the commencement of the financial year,

transmit and present the annual report with regard

to the preceding financial year to the Minister and

the Permanent Secretary.