NATIONAL DRUGS AND ADDICTIONS UNIT (ESTABLISHMENT AS A SPECIALISED UNIT) ORDER

(ESTABLISHMENT AS A SPECIALISED UNIT)

SUBSIDIARY LEGISLATION 595.50

NATIONAL DRUGS AND ADDICTIONS UNIT

(ESTABLISHMENT AS A SPECIALISED UNIT) ORDER

1st November, 2024

LEGAL NOTICE 285 of 2024.

The title of this order is the National Drugs and

Addictions Unit (Establishment as a Specialised Unit) Order.

In this order, unless the context otherwise requires: -

"addictions" means addiction to drugs,

alcohol,

gambling, gaming and includes any other addiction;

"framework regulations" means the Organisation,

Administration and Operation of Specialised Units Regulations.

"Minister" means the Minister responsible for social

policy;

"Unit" means the specialised Unit known as the National

Drugs and Addictions Unit established by virtue of regulation

3. (1)

There shall be a specialised unit, to be known as

the National Drugs and Addictions Unit, which shall be managed by a

Head, to be appointed by the Minister and to be styled as a Non-

Executive Chairperson, who shall be assisted by five (5) other persons

who shall be public officers who hold a post of Director, Senior

Manager, Manager II or Manager I in the public service.

(2)

The Head of the Unit shall report to the Permanent

Secretary in the Ministry responsible for social policy.

(3)

Unless otherwise provided in this order the Unit shall in

its administration and operation be regulated by the provisions of the

framework regulations.

(1)

The Unit shall

(a)

identify and formulate yearly national reports on

the drug situation and the responses to same on issues related to

the prevalence, prevention, treatment, recovery and

enforcement matters related to drugs and addictions;

(b)

collate, verify, analyse and publish statistics and

data related to drugs and addictions which, inter alia, give

indications related to the national scenario;

(ESTABLISHMENT AS A SPECIALISED UNIT)

(c)

conduct surveys, studies and submit reports on the

ongoing situation in relation to drugs and addictions;

(d)

facilitate and monitor the necessary coordination

and participation between government departments, agencies

and other concerned entities in the collection and collation of

data related to drugs and addictions;

(e)

act as the national focal point for local and

international collaboration on prevention, treatment, recovery,

enforcement and epidemiological issues related to drugs and

addictions;

(f)

organize, coordinate and maintain research

networks in relation to the situation in Malta and participate in

related networks and other activities organized by international

entities; and

(g)

perform such other functions in the field of drugs

and addictions as the Minister may direct.

(2)

In the performance of its functions the Unit shall ensure

scientific independence and shall maintain the quality of data collected

in accordance with European Union standards.

The defined period of the Unit shall be of six (6) years

Provided that at the end of or at any time during the

defined period, the Minister may on the basis of an assessment of the

workings on the Unit, recommend to the Prime Minister that the

functions of the Unit shall be carried out through an entity established

under a different legal form.

The Head of the Unit shall hold office for a maximum

term of three (3) years and may be reappointed. A person shall not be

qualified to hold the office of the Non-Executive Chairperson if such

person is a Minister, Parliamentary Secretary, a Member of, or a

candidate for election to the House of Representatives, or a member of

a local government authority.

Without prejudice to the provisions of this order and of

the framework regulations, the Unit shall regulate its own proceedings

and may appoint sub-committees.

There shall be a Secretary to the Unit who shall be a

person appointed as such by the Minister or by a public officer

designated by the Minister to act as Secretary to the Unit.

The Unit shall have the power to appoint experts to assist

it in any matter under its consideration, as it may reasonably consider

to be necessary.

(ESTABLISHMENT AS A SPECIALISED UNIT)

(1)

The Unit shall have a distinct legal personality

and shall be capable of entering into contracts, of suing and being sued

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

incidental or conducive to the fulfilling of its objectives.

(2)

The legal and judicial representation of the Unit shall

vest in the Head of the Unit or in any other member or officer of the

Unit as the Head of the Unit, may authorise in writing for such

purpose.

(1)

At least two (2) months prior to the end of its

financial year, the Unit shall submit a work and financial plan covering

the proposed activities of the Unit during the following financial year.

A subvention as may be agreed with the Ministry of Finance shall be

provided in the annual budget through the Ministry responsible for

social policy to enable the conduct of the said activities.

(2)

Without prejudice to sub-article (1) it shall be the duty of

the Director responsible for finance within the Ministry responsible for

social policy to ensure the proper disbursement of the subvention in

order that the activities outlined in the work plan are completed to the

full.

(3)

The Unit shall enter into a grant agreement with the

European Union Drug Agency to cover activities related to Malta’s

obligations on reporting on drugs and addictions.

(1)

The Director responsible for finance at the

Ministry responsible for social policy shall keep proper accounts of the

income and expenditure of the Unit.

(2)

The accounts of the Unit shall be audited by an auditor or

auditors to be appointed by the Unit with the approval of the Minister

Provided that the Minister responsible for finance may

require the books and other documents of the Unit to be audited or

examined by the Auditor General who shall for this purpose have the

power to carry out such physical control and other verifications, and to

demand and acquire such information, as he may deem necessary.

The financial year of the Unit shall commence on the 1 st

(3)

January and shall end on the 31 st December of each year

Provided that the first financial year of the Unit shall

commence on the date of the coming into force of this order and shall

end on the 31 st day of December of the following year.

(1)

The Unit shall, by not later than three (3) months

after the close of each financial year, submit to the Minister a copy of

the annual report which shall include the annual accounts certified by

the appointed auditors, a report on the Unit’s activities during the year

(ESTABLISHMENT AS A SPECIALISED UNIT)

and a general report of developments during the period to which it

relates in respect of matters falling within the functions of the Unit.

(2)

The Minister shall cause a copy of the annual report

together with a copy of the then current business and financial plan of

the Unit, to be laid on the Table of the House of Representatives by not

later than four (4) weeks after receipt of the report provided that in

reckoning the said period no account shall be taken of any time during

which the House of Representatives is not in session or during which it

is adjourned for more than seven (7) days.