SCIENCE MALTA (ESTABLISHMENT AS AN AGENCY) ORDER

SUBSIDIARY LEGISLATION 595.49

SCIENCE MALTA (ESTABLISHMENT AS AN

AGENCY) ORDER

17th May, 2024

LEGAL NOTICE 112 of 2024.

The title of this order

is

the

Science

Malta

(Establishment as an Agency) Order.

In this order, unless the context otherwise requires

"Act" means the Public Administration Act;

"Advisory Board" means the Advisory Board appointed

in terms of article 12;

"Agency" means Science Malta established in terms of

article 3 and includes any person acting on its behalf under

powers delegated by the Agency to that person in accordance

with the provisions of this order;

"Chairperson" means the Chairperson of the Consultative

Committee appointed in terms of article 9(2);

"Consultative Committee" means the Consultative

Committee appointed in terms of article 9;

"Chief Executive Officer" means the Chief Executive

Officer appointed in terms of article 7;

"connected person" means a person who is connected to

a Board member or Committee member, by

(a)

being a Board member or Committee

member’s spouse or partner, child or step-child, parent,

cohabitant in terms of the Cohabitation Act, and any

other dependent of such Board member or Committee

member;

(b)

being a body corporate in which the Board

member, Committee member or any person as provided

for in paragraph (a)

(i)

holds shares of a nominal value

equal to at least twenty per cent (20%) of the share

capital of that body corporate; or

(ii)

is entitled to control the exercise of

more than twenty per cent (20%) of the voting

power at any general meeting of such body

corporate;

(c)

acting in the capacity of trustee of any

trust, the beneficiaries of which include

(i)

the Board member, Committee

member, or any other person as provided for in

paragraph (a); or

(ii)

a body corporate as provided for in

paragraph (b); or

(d)

acting in the capacity of a business partner

of such Board member, Committee member or of any

person who, by virtue of paragraphs (a), (b) or (c) is

connected with the Board member or Committee

member;

"financial year" means a period of twelve (12) months

beginning on the 1st day of January and ending on the 31st day

of December of each year;

"Minister" means the Minister responsible for research

and innovation;

"Permanent Secretary" means the Permanent Secretary

within the Ministry responsible for research and innovation;

"science" means the systematic study and application of

knowledge of the physical, natural and social world through

observation, experimentation and testing of theories against

evidence obtained, with a view to gaining a better

understanding of the physical, natural and social world thereby

allowing for innovation.

(1)

There shall be an Agency to be known as Science

Malta.

(2)

The Agency shall be a body corporate having a distinct

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

acquiring, holding and disposing by whatever title of any type of

property for the purposes of its functions, of suing and being sued, of

doing all such things and entering into all such transactions as are

incidental or conducive to the exercise of its functions under this order,

including borrowing money.

(3)

The legal and judicial representation of the Agency shall

vest in the Chief Executive Officer

Provided that the Chief Executive Officer may appoint

any one (1) or more persons to appear in the name and on behalf of the

Agency in any proceedings and in any act, contract, instrument or

other document whatsoever, with such powers and under such terms

and conditions as may be determined by him from time to time, which

powers may include the power of delegation.

(4)

Any document purporting to be an instrument made or

issued by the Agency and signed by the Chief Executive Officer or by

any officer delegated on behalf of the Agency shall be received in

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

instrument made or issued by the Agency.

(1)

It shall be the function and object of the Agency

(a)

coordinate and consolidate the national research

and innovation programming endeavour;

(b)

manage the national budgetary allocation for

research, development and innovation;

(c)

itself, or in collaboration with other entities,

develop research funding programmes aimed to assist research

and innovation sectors deemed of national relevance;

(d)

itself, or in collaboration with other entities or on

behalf of other entities, establish or award scholarships or

fellowships to students or researchers;

(e)

itself, or in collaboration with other entities or on

behalf of other entities, organise educational programmes,

student and lecturer exchanges, study or research opportunities

or any other activities which facilitate, enhance and, or

encourage education;

(f)

establish, implement and manage grant-based and

blended finance schemes for research, development and

innovation;

(g)

provide support to researchers and technologists

in the development of their ideas, projects and products;

(h)

submit proposals and recommendations to the

Government on national positions on research and innovation

matters;

(i)

actively participate in the national socio-economic

planning process as well as to set up networks of professional

experts and organisations to assist in the formulation of

research and innovation policies, the implementation of

relevant programmes and to monitor areas in research and

innovation that may be of interest to Malta;

(j)

prepare periodic assessments concerning the

effectiveness, relevance and impact of research and innovation

in Malta;

SCIENCE MALTA (ESTABLISHMENT AS AN AGENCY)

(k)

organise research and innovation activities which

are of public benefit;

(l)

promote the harmonisation and alignment across

the Government’s research and innovation policies and

strategies;

(m) facilitate the international collaboration between

research, development and innovation communities through the

implementation of regional and international funding

programmes, including bilateral and multilateral programmes

and support schemes;

(n)

actively participate in relevant European Union,

regional and international policy fora related to research,

development and innovation, for strategic guidance on current

regional and international priorities and the implementation

thereof through European Union, regional and international

funding instruments, and for the international promotion of

Malta’s research, development and innovation sector;

(o)

co-ordinate

science

diplomacy

activities,

including regularly scoping out opportunities to foster strategic

partnerships related to research, development and innovation

for international collaborative opportunities;

(p)

act as Malta’s National Contact Point structure for

the European Union Framework Programmes for Research and

Innovation;

(q)

develop Malta’s National Contact Point

structure’s support portfolio to assist potential applicants and

beneficiaries of the European Union Framework Programmes;

(r)

set up, nominate and maintain the structure

underpinning the Programme Committee membership, at both

delegate and expert level, for the implementation of the

European Union Framework Programme for Research and

Innovation;

(s)

establish, implement and manage any national

support schemes in relation to Malta’s participation in the

European Union Framework Programme;

(t)

develop, monitor and update the national space

policy and legal framework as necessary;

(u)

act as Malta’s institutional liaison organisation

with the European Space Agency, including participation in the

preparatory working structures of the European Space Agency;

(v)

oversee the development of European Union,

regional and international collaborative initiatives in the space

domain;

(w)

promote space-related education;

(x)

establish, manage and operate research and

science centres, interactive experiences, exhibitions,

educational displays, science museums or any other informative

or educational endeavour which is open to visitors;

(y)

conduct activities related to the commercialisation

of science, technology, research and innovation; and

(z)

carry out merchandising and retailing, promote

new products, to grant and receive sponsorships, to prepare,

distribute and sell publications, to organise and conduct training

programmes and events, and to hire out venues.

(2)

The Agency shall, in the performance of its functions,

keep in consideration the public interest and shall draw up and publish

an annual report concerning its activities in general.

(3)

Without prejudice to sub-article (1), the Minister may,

from time to time, give to the Agency directions, which shall not be

inconsistent with the provisions of this order, to be followed by the

Agency in the carrying out of its functions under this order, and the

Agency shall, as soon as practicable, give effect to all such directions.

(4)

The Minister shall assume a leadership role in ensuring

ownership, coordination and transparency of research and innovation

matters, and to ensure that the Agency is fully informed of strategic

directions of the Government in relation to this order

Provided that it shall be the duty of the Agency to

properly execute such policies.

(5)

In pursuance of its functions under this order, the Agency

shall regulate its own procedure.

(1)

The Agency shall have such powers as may be

necessary or conducive for the proper performance and attainment of

all its functions under this order and, without limitation to the

generality of the foregoing but subject to any requirements under any

other law, shall have the power and authority to

(a)

appoint technical and advisory committees;

(b)

issue, manage, implement and monitor public

schemes to finance research, development and innovation

activities;

(c)

create and manage other public schemes to

SCIENCE MALTA (ESTABLISHMENT AS AN AGENCY)

support and assist the capacity of public and private

undertakings to partake in research, development and

innovation funding endeavours;

(d)

cooperate closely with other agencies, public

authorities and Government departments to support and

facilitate the timely and effective execution of their

implementation roles and responsibilities, thereby contributing

to the successful realisation of national research and innovation

strategies and policies;

(e)

provide advisory or other services or facilities in

relation to any of its functions, or to assist in their provision;

(f)

issue and publish guidelines to regulate research

organisations;

(g)

issue binding requests for information, including

technical data, from other entities concerning matters affecting

research, development and innovation policy and programming;

(h)

establish and maintain institutional relationships

with foreign research-funding organisations and other relevant

international bodies;

(i)

enter into bilateral and multilateral agreements

with local and foreign entities in the area of research

development and innovation; and

(j)

participate in collaborative projects aligned with

the core functions of the Agency.

(2)

The Agency may, with the prior authorisation of the

Minister, take part in the formation of a company, foundation,

association or any other legal body which is recognised in accordance

with the provisions of the Second Schedule to the Civil Code, or enter

into joint ventures or partnerships for the purpose of fulfilling any of

its functions.

(3)

Where required in the performance of its functions, the

Agency may also administer and organise panels or audit committees

for the adjudication of grants, scholarships and funding related to

education, research, development and innovation.

The Agency shall, in consultation with the Minister,

establish and re-organise the units, divisions and sections of the

Agency as appropriate in order to exercise its functions.

(1)

Without prejudice to the other provisions of this

order, the executive conduct of the Agency, its administration,

organisation and the administrative control of its officers and

employees shall be the responsibility of the Chief Executive Officer,

who shall be appointed by the Minister.

(2)

The Chief Executive Officer 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 sub-article (1),

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 Minister may

assign to him from time to time.

(3)

The Chief Executive Officer shall have such powers as

may be necessary from time to time for the performance of the

functions vested in him by this order, and such other powers as may be

conferred or delegated to him by the Minister or his delegate.

The operations of the Agency shall be set out in an

Agency performance agreement made in accordance with article 30 of

the Act.

(1)

The Minister shall establish a Consultative

Committee to provide expert opinions on the overall strategic direction

and general policies of the Agency.

(2)

The Consultative Committee shall consist of the Chief

Executive Officer as an ex officio member, and a Chairperson and six

(6) other members who shall be appointed by the Minister.

(3)

The Minister shall select the members from among

persons he deems qualified by reason of having had experience of, and

shown capability in, matters relating to the functions of the Agency

under this order.

(4)

The remuneration paid to members of the Consultative

Committee shall be in accordance with any directives and guidelines

which may be issued by the Agency from time to time.

(5)

The

Consultative

Committee

shall

make

recommendations and report to the Minister.

(1)

Without prejudice to the provisions of sub-article

(3) and article 11, the members of the Consultative Committee shall

hold office for a period of up to three (3) years and on such terms and

conditions as the Minister may deem appropriate

Provided that a member shall, on the expiry of his term

of appointment, be eligible for re-appointment.

(2)

The Minister may at any time terminate the appointment

of any member of the Consultative Committee if the Minister

considers that such member is unfit to continue in office or has

become incapable of properly performing the duties of a member of

the Consultative Committee.

(3)

If a member is appointed at any time after any one (1) or

more members have already been appointed, the term of appointment

of all members shall end on the date being three (3) years after the

appointment of the first member as a member of the Consultative

Committee.

(1)

There shall be appointed a Secretary to the

Consultative Committee, who shall be appointed by the Minister for a

period of three (3) years and shall, on the expiry of the term of

appointment, be eligible for re-appointment. When the Secretary is

appointed at any time after any one (1) or more members have already

been appointed, the term of appointment of the Secretary shall end on

the date being three (3) years after the appointment of the first member

as a member of the Consultative Committee.

(2)

The Secretary to the Consultative Committee shall not be

a member of the Consultative Committee but shall attend its

Consultative Committee meetings.

(3)

The Secretary to the Consultative Committee shall be

responsible for keeping the minutes of meetings of the Consultative

Committee and for keeping such registers and records as the Secretary

may be required to keep by the Consultative Committee.

(4)

The Secretary to the Consultative Committee shall

ensure that at least seven (7) days prior notice of all meetings is given

to all Consultative Committee members.

(1)

The Minister may establish an Advisory Board to

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

(2)

The Advisory Board shall be chaired by the Chief

Executive Officer and shall consist of not less than two (2) and not

more than four (4) members appointed by the Minister.

(3)

The remuneration paid to the members of the Advisory

Board shall be in accordance with the provisions of article 33 of the

Act.

(4)

Without prejudice to any other provision of this order, the

Advisory Board may make its own rules and otherwise regulate its own

procedures.

Without prejudice to any other duty assigned to the

members of the Consultative Committee or to the members of the

Advisory Board, whether individually or collectively by this order or

any other law, the Advisory Board members and the Consultative

Committee members shall

(a)

act honestly and in good faith and promote the

best interests of the Agency and the promotion and

development of research, development and innovation;

(b)

be obliged to exercise the degree of care,

diligence and skill which would be exercised by a reasonably

diligent person having

(i)

the knowledge, skill and experience that

may reasonably be expected of a person carrying out the

same functions as are carried out by, or entrusted to such

Advisory Board member or Consultative Committee

member in relation to the Agency; and

(ii)

the knowledge, skill and experience which

such Advisory Board member or Consultative

Committee member has;

(c)

not make any profit from their position, nor make

personal gain or give any advantage to any third party from

confidential Agency information;

(d)

ensure that their personal interests are not in

conflict with the interests of the Agency;

(e)

not use any property or information of the Agency

for their own benefit or for the benefit of any other persons, nor

obtain benefit in any other way in connection with the exercise

of their powers; and

(f)

exercise the powers they have only for the

purposes for which the powers are conferred and not misuse

such powers.

(1)

A natural person shall be disqualified for

appointment to, or to remain a member of the Consultative Committee

or the Advisory Board, if such person

(a)

is a Minister or Parliamentary Secretary;

(b)

is a judge or magistrate of the Courts of Justice;

(c)

is legally incapacitated or interdicted;

(d)

has been declared an undischarged bankrupt or

has made a composition or arrangement with his creditors; 

(e)

is subject to a disqualification order in accordance

with article 320 of the Companies Act or is subject to

blacklisting as provided in the Public Procurement Regulations;

(f)

has any personal financial or business interests in

any business, enterprise or activity which is related to any of

the functions of the Agency and which is likely to affect his

independence or objectivity in the proper discharge of his

functions as a member of the Consultative Committee or the

Advisory Board; or

(g)

is a connected person to the person mentioned in

paragraph (f).

(2)

Notwithstanding the above or any other provision of this

order or of any other law, no person occupying a public office or any

office in any agency or body established by law or a company in which

the Government has a controlling interest, shall be disqualified from

occupying the office of Chief Executive Officer of the Agency,

member of the Consultative Committee, member of the Advisory

Board or Secretary of the Consultative Committee.

(1)

Any Committee member or Board member who

has a direct or indirect interest in any project, research proposal, grant,

scholarship, financing, support or other matter being considered or

being proposed to be considered by the Consultative Committee or the

Advisory Board, not being an interest which disqualifies such member

in accordance with article 14 from being or remaining a member, shall

disclose the nature of such interest, or if applicable, the nature of the

interest of a connected person, at the first meeting of the Consultative

Committee or the Advisory Board, as the case may be, after the

relevant facts have come to the knowledge of such member.

(2)

After the disclosure has been recorded in the minutes of

the meeting of the Consultative Committee or the Advisory Board, as

the case may be, that member shall withdraw from that part of the

meeting at which the project, research proposal, grant, scholarship,

financing, support or relevant matter is discussed or decided on by the

Consultative Committee or the Advisory Board as the case may be

and, in any event, that Committee member or Board member shall be

prohibited from voting on such project, research proposal, grant,

scholarship, financing, support or relevant matter.

(3)

If the Consultative Committee or the Advisory Board is

of the view that an interest disclosed to it in accordance with sub-

article (1) is such that it satisfies the grounds for disqualification of a

person from being a Committee member or Board member in

accordance with article 14(1)(f) or (g), the Consultative Committee or

the Advisory Board, as the case may be, shall notify the Minister in

writing, and the Minister shall take such steps as he may deem

necessary in such circumstances, including

(a)

notifying the Consultative Committee or the

Advisory Board that he disagrees with the decision, giving his

reasons therefore; or

(b)

terminating the appointment of such Committee

member or Board member pursuant to article 10(2).

(1)

A Committee member or Board member may

resign from office at any time, by letter addressed to the Minister and

copied to the Chairperson of the Committee or to the Chief Executive

Officer as Chair of the Board from which he is resigning.

(2)

The appointment and, or termination of office of any

person as member of the Consultative Committee or the Advisory

Board shall be published in the Gazette.

(1)

The Chairperson of the Consultative Committee

shall call a meeting, either on his own initiative or at the request of any

member of the said Committee. The Consultative Committee shall

meet as often as may be necessary.

(2)

A minimum of four (4) members of the Consultative

Committee shall constitute a quorum at any meeting. Decisions shall

be adopted by a simple majority of the votes of the members present

and voting. The Chairperson of the Consultative Committee shall have

an initial vote and, in the event of an equality of votes, a casting vote.

(3)

Subject to the provisions of this order, the Consultative

Committee may regulate its own procedure.

(4)

Subject to the foregoing provisions of this article, an act

or proceeding of the Consultative Committee shall not be invalidated

merely by reason of the existence of any vacancy among the members

of the Committee, provided that the quorum established in terms of

sub-article (2) has been satisfied.

(5)

All acts done by any person acting in good faith as a

member of the Consultative Committee shall be valid notwithstanding

that some defect in his appointment or qualification is discovered

subsequent to any act or proceeding of the Committee.

(1)

The Chief Executive Officer may establish

technical committees to issue opinions, guidance and

recommendations on particular themes or areas of research,

development or innovation.

(2)

Such technical committees shall be composed of not less

than two (2) and no more than five (5) members. The technical

committee shall elect a chair from among its members.

(3)

The remuneration paid to members of a technical

committee appointed in terms of this article shall be in accordance

with any directives and guidelines which may be issued by the Agency

from time to time.

(4)

The provisions of articles 13, 14 and 15 shall apply to the

members of any technical committee appointed in terms of this article.

(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 Chief Executive Officer, in accordance with the

policies of the Agency from time to time.

(2)

The Chief Executive Officer shall appoint and employ, at

such remuneration and upon such terms and conditions established

after consultation with the Permanent Secretary, such officers and

employees as may, from time to time, be necessary for the due and

efficient discharge of the functions of the Agency.

(3)

Notwithstanding the provision of this article, the Prime

Minister may, from time to time, on the recommendation of the Chief

Executive Officer of the Agency, 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 direction given by the Prime

Minister.

(1)

Where any public officer is detailed for duty with

the Agency under article 18(3), such officer shall, during the time in

which such direction has effect in relation to him, be under the

administrative authority and control of the Agency, but he shall for all

intents and purposes remain and be considered and treated as a public

officer.

(2)

Without prejudice to the generality of the foregoing, a

public officer detailed for duty as aforesaid

(a)

shall not during the time in respect of which he is

so detailed

(i)

be precluded from applying for a transfer

to a Government department, however so described in

accordance with the terms and conditions of service

attached to his appointment with the Government on the

date on which he was so detailed for duty; or

(ii)

receive remuneration and be subject to

conditions of service which are less favourable than

those attached to his appointment with the Government

on the date aforesaid or which would have become

attached to such appointment, during the said period, had

such officer not been detailed for duty with the Agency;

and 

(b)

shall be entitled to have his service with the

Agency considered as service with the Government for the

purposes of any pension, gratuity or benefit under the Pensions

Ordinance and the Widows’ and Orphans’ Pensions Act and for

the purpose of any other right or privilege to which he would

have been entitled, and responsible for any obligation for which

he would have been answerable, but for the fact of his being

detailed for duty with the Agency.

(3)

Where an application is made as provided in sub-article

(2)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Agency.

(4)

The Agency shall pay to the Government such

contributions as may, from time to time, be determined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by an officer detailed for duty with the Agency as aforesaid

during the period in which he is so detailed.

(1)

The Agency may, with the approval of the Prime

Minister, offer permanent employment with the Agency to any officer

detailed for duty with the Agency in accordance with article 18(3), at

the remuneration and in accordance with terms and conditions not less

favourable than those enjoyed by the said officer on the date of such

offer.

(2)

The terms and conditions of any permanent employment

offered by the Agency in accordance with the provisions of sub-article

(1) shall not be deemed to be less favourable merely because they are

not in all respects identical or superior to those enjoyed by the public

officer concerned on the date of the said offer, if such terms and

conditions taken as a whole, in the opinion of the Prime Minister offer

substantially equivalent or greater benefits.

(3)

Every public officer who accepts permanent employment

with the Agency offered to him in accordance with the provisions of

sub-article (1) shall, for all purposes other than those of the Pensions

Ordinance and of the Widows’ and Orphans’ Pensions Act, and saving

the provisions of article 22, be deemed to have ceased to be in service

with the Government and to have entered into service with the Agency

on the date of his acceptance, and for the purposes of the said

Ordinance and of the said Act, in so far as applicable to him, service

with the Agency shall be deemed to be service with the Government

within the meanings thereof respectively.

(4)

Every such public officer as aforesaid who, immediately

before accepting permanent employment with the Agency was entitled

to benefit under the Widows’ and Orphans’ Pensions Act, shall

continue to be so entitled to benefit thereunder for all intents as if his

service with the Agency were service with the Government.

(5)

The Agency shall pay to the Government such

contributions as may, from time to time, be determined by the Minister

responsible for finance in respect of the cost of pensions and gratuities

earned by an officer who has accepted permanent employment with

the Agency as aforesaid during the period commencing on the date of

the said officer’s acceptance.

The members of the Consultative Committee and the

Advisory Board of the Agency and all officers and employees detailed

with the Agency in accordance with the provisions of article 18(3), but

excluding any officer who accepts permanent employment with the

Agency in accordance with the provisions of article 21, shall be

deemed to be public officers or employees within the meaning of the

Criminal Code.

(1)

The Agency shall draw up yearly estimates for

each financial year and submit them for consideration of the Minister

in accordance with the 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 or budget.

(3)

The Minister may, after consultation with the Minister

responsible for finance, give 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. Without prejudice to the

generality of the powers given to the Minister by this sub-article, any

directive given by the Minister as aforesaid may order the transfer to

the Government, or the application of such funds in such manner as

may be specified in the directive.

(4)

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 Advisory Board.

(1)

The Agency shall keep proper accounts and other

records in respect of its operations and shall prepare a statement of

accounts in respect of each financial year.

(2)

The accounts of the Agency shall be audited by certified

auditors.

(1)

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

after the end of each financial year submit to the Minister and to the

Minister responsible for finance, 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 working of the Agency as either of the

Ministers may, from time to time require.

(2)

The report referred to 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 not in session or during

which it is adjourned, not later than one (1) week after the House

resumes its sittings.

The Agency shall be exempt from any liability for the

payment of income tax and duty on documents under any law for the

time being in force.

With effect from the date of the coming into force of this

order

(a)

the rights, functions and powers which are

currently vested in the Malta Council for Science and

Technology shall be transferred to the Agency as stipulated by

articles 5 and 6 and the Malta Council for Science and

Technology shall have no further obligations with respect to the

carrying out of such functions or powers;

(b)

any pending commitments, contracts or

agreements concluded by the Malta Council for Science and

Technology or the Malta Council for Science and Technology

Agency with third parties relating to any of the functions

transferred to the Agency, any such commitment, contract or

agreements shall be transferred to the Agency who shall, as

from the aforesaid date, substitute the Malta Council for

Science and Technology and the Malta Council for Science and

Technology Agency as a party to the said commitment, contract

or agreement;

(c)

any legal proceedings pending against the Malta

Council for Science and Technology or the Malta Council for

Science and Technology Agency and such proceedings are

related to any of the functions transferred to the Agency, the

Agency shall, as from the aforesaid date, substitute the Malta

Council for Science and Technology and the Malta Council for

Science and Technology Agency in such proceedings or shall

be made a party thereto;

(d) the Agency shall assume responsibility for all

assets, liabilities and obligations previously held or entered into

by Malta Council for Science and Technology and the Malta

Council for Science and Technology Agency and emanating or

arising from the functions of the Agency.