INSTITUTE FOR THE PUBLIC SERVICES (ESTABLISHMENT) ORDER

SUBSIDIARY LEGISLATION 605.11

INSTITUTE FOR THE PUBLIC SERVICES

(ESTABLISHMENT) ORDER

7th October, 2016

LEGAL NOTICE 325 of 2016, as amended by Act XXIX of 2019.

The title of this Order is the Institute for the Public

Services (Establishment) Order.

In this Order, unless the context otherwise requires

"Act" means the Education Act;

"Academic Administration" shall be construed to include, inter

(a) developing and overseeing the delivery of programmes

as approved by the relevant institution;

(b) examination of the effectiveness of support services;

(c) making recommendations on the use of existing

resources and the need for new resources;

(d) implementing improvements to the programmes

arising from any quality assurance process;

(e) keeping the content of programmes continuously under

review in light of developments in the different fields

of study and the requirements of the Institute;

(f)

appointing Boards of Examiners (including external

examiners where appropriate) in accordance with

established procedures at each institution;

(g) the production of periodic programme reports as

required by the relevant institution;

"the Board" means the Board of the Institute for the Public

Services;

"the Head" means the Senior Officer who shall implement the

directives of the Board of the Institute;

"Institute" means the Institute established by means of this

Order;

"Principal Permanent Secretary" shall have the same meaning as

that in the Public Administration Act.

There shall be an Institute, to be known as the Institute for

the Public Services, which shall be autonomous and which shall

g e n e r a t e t h e s t u d y, b o t h t h e o r y a n d p r a c t i c e , o f p u b l i c

administration and management as well as undertake research

thereto.

Without prejudice to the provisions of article 7(3), the

affairs and activities of the Institute shall be under the direction of

the Board and shall be dealt with by the members of the Board and,

for this purpose, shall be, subject to article 5(3), represented by the

Chairperson who shall be able to speak and act on its behalf.

(1)

The functions and the duties of the Institute shall be to

(a) facilitate

cooperation

between

the

Public

Administration, the University of Malta and the Malta

College for Arts, Science and Technology in order to

provide direction and strategic vision towards the

delivery of academic and vocational training that

addresses specific needs as identified by the Public

Service;

(b) liaise with the Public Service Division responsible for

human resources strategy and to provide support and

guidance on academic knowledge, training and

development as required for public officers;

(c) spearhead the design and content of academic,

vocational and development training courses;

(d) enter into collaborative agreements

with

other

reputable educational institutions;

(e) organise public lectures and conferences;

(f)

ensure that the evaluation and assessment of training

provided by external training service providers meets

the criteria and standards required;

(g) act as the research arm of the Office of the Prime

Minister, as well as to guide and direct research on

Public Administration issues, with particular reference

to those areas that are relevant to training and

development needs, strategic human resources,

leadership and good governance, and this for the

purpose of the continuous improvement of the Public

Service at large;

(h) publish reports, books, paper and journals as it may

deem fit;

(i)

administer a resource centre which includes a public

policy library;

(j)

facilitate for public administration employees access

to Library resources at the University of Malta and the

Malta College for Arts Science and Technology;

(k) contribute to good governance through the fostering of

beneficial relationships between academia and

government, for the benefit of maintaining standards

within the Public Administration.

(2) The Institute shall be a body corporate having a distinct

legal personality and shall be capable, subject to the provisions of

the Act, of entering into contracts, of acquiring, holding and

disposing of any kind of property for the purposes of its functions,

of suing and being sued, and of doing all such things and entering

into all such transactions as are incidental or conducive to the

exercise or performance of its functions under this Order.

(3) The legal and judicial representation of the Institute shall

be vested in the Chairperson and Co-Chairperson of the Board

jointly.

(1) The Institute shall be governed by a Board composed

of nine (9) members to be appointed in accordance with sub-article

(2) for a period of three years and the members shall be eligible to

be re-appointed after their term of office expires.

(2)

The members of the Board shall consist of the following

(a) the Principal Permanent Secretary who shall be ex

officio Chairperson of the Board or his delegate;

(b) a member nominated by the Rector of the University

of Malta who shall be ex officio co-Chairperson of the

Board;

(c) a member nominated by the Board of Governors of the

Malta College for Arts, Science and Technology who

shall be the Vice-Chairperson of the Board;

(d) two members nominated by the Principal Permanent

Secretary;

(e) a member nominated by the University of Malta from

amongst experts in Public Administration and Policy;

(f)

a member nominated by the Rector from amongst the

members of the Faculty of Economics, Management

and Accountancy of the University of Malta;

(g) two members nominated by the Chairperson in

consultation

with

co-Chairperson

and

vice

Chairperson from amongst experts in management and

people relations from the private sector.

(3) The Principal Permanent Secretary shall appoint a secretary

to the Board. The secretary so appointed shall not have the right to

vote.

(4) The Board may invite experts in specific technical

disciplines to help address particular issues. These invited persons

shall not form part of the Board and shall not have the right to vote.

(5) A member of the Board may at any time be removed from

office by seven (7) members out of all the nine (9) Board members

voting in favour of such removal on the grounds of inability to

perform the functions of his office as required, either because of

mental or physical illness, or for any other reason due to which the

member would no longer be fit to occupy such office or due to bad

conduct.

(6) A member of the Board may resign from his office through

a letter addressed to the Prime Minister and notified to the

Chairperson of the Board. If any member tenders his resignation or

is removed from his office in accordance with the preceding

provision or should the office of any member of the Board become

in any manner vacant, the entity/person responsible for appointing

the member to be substituted in conformity with sub-article (2) may

appoint a qualified person to take up this post and any person who

is so appointed shall keep on occupying that post up to the

termination of the term of office of the person being so substituted

and such person shall be eligible to be reappointed.

(7) The quorum for meetings of the Board shall be six (6)

members out of the nine (9) members of the Board.

(8) Any absence or vacancy among the members of the Board

or any participation in its meetings by any person who is not

entitled to such act, does not invalidate the procedures of the

Board, insofar as there is a quorum.

(9) Subject to the provisions of this Order and of any

regulations made under the Education Act, the Board shall

generally regulate its own procedures.

(1) The engagement and termination of the engagement of

the employees of the Institute shall be a function of the Board after

due consultation with the Head.

(2) All employees previously performing duties with, and any

other public officers currently deployed within, the Civil Service

shall be regarded as employees of the Institute under the same

terms and conditions prevailing at the date of coming into force of

this Order.

(3) The responsibility for the provision of Academic

Administration by the University of Malta and, or the Malta

College for Arts, Science and Technology shall reside with the

respective institution, which provision shall be in response to a

direction by the Institute.

(4) Subject to the provisions of the Act and to the directives of

the Board, the executive and administrative affairs and organisation

of the Institute and the administrative control of its officers and

employees shall fall within the responsibility of the Head.

(5) The Head shall also be responsible for the implementation

of the functions of the Institute and to perform such other duties as

may be assigned to him from time to time by the Board of the

Institute.

(6) The Head shall be appointed by the Prime Minister in

consultation with the Chairperson of the Board of the Institute.

(7) The Head shall be answerable to the Chairperson and shall

attend the meetings of the Board of the Institute whenever he is invited

to do so.