Regolamenti dwar ENGAGE

LEĠISLAZZJONI SUSSIDJARJA 627.02

REGOLAMENTI DWAR ENGAGE

12 ta’ Jannar, 2023 *

L-AVVIŻ LEGALI 210 tal-2022.

(1)

The title of these regulations is the ENGAGE

Regulations, and these regulations shall be read and construed as one

with the United Nations Convention on the Rights of Persons with

Disabilities Act, hereinafter referred to as "the principal Act".

(2)

These regulations shall come into force on such date as

the Minister responsible for disability and the development of this

sector, may by notice in the Gazette establish, and different dates may

be so established for different purposes and for different regulations of

these Regulations.

For the purposes of these regulations

" "Act" means the United Nations Convention on the

Rights of Persons with Disabilities Act;"

"Autism Advisory Council" means the Autism Advisory

Council set up in terms of article 3 of the Persons within the

Autism Spectrum (Empowerment) Act;

"DDI" shall have the same meaning assigned to it in the

Act;

"ENGAGE" shall have the same meaning assigned to it

in the Act;

"IDCC" means the Inter-Departmental Coordination

Committee set up in terms of regulation 6 of the UNCRPD

National Coordination Mechanism Regulations, 2022;

"KLSM" means the Sign Language Council of Malta set

up in terms of article 7 of the Maltese Sign Language

Recognition Act;

"Minister" shall have the same meaning assigned to it in

the Act;

"Permanent Secretary" means the Permanent Secretary

within the Ministry responsible for disability and the

development of this sector;

"UNCRPD National Coordination Mechanism" shall

have the same meaning assigned to it in the Act;

*These regulations are all in force except regulation 3(c) (ii).

Vide Legal Notice 64 of 2023.

"voluntary organisation" shall have the same meaning

assigned to it in the Voluntary Organisations Act.".

There shall be a participation mechanism within DDI,

referred to as ENGAGE, appointed by the Minister after consultation

with the Permanent Secretary, and composed of twelve (12) persons,

namely a Chairperson and eleven (11) ex officio members as well as

other members, as follows

(a)

the Chairperson of ENGAGE shall be a person

with disability, with a proven record of activism;

(b)

the following shall be the ex officio members of

ENGAGE

(i)

the Director responsible for DDI or his

representative;

(ii)

the Commissioner for the Rights of

Persons with Disability or his representative;

(iii) the President of the national umbrella

organisation for the disability sector as recognised by

Government, from time to time, or his representative;

(iv) the Head of the Department of Disability

Studies within the Faculty for Social Wellbeing of the

University of Malta or his representative;

(c)

the following shall be the other six (6) members of

ENGAGE

(i)

four (4) members who shall be persons

with disability, each of whom shall either represent a

voluntary organisation for persons with disability, or

represent himself (self-advocate);

(ii) * two (2) members who shall be persons

supporting persons with disability further to the

provisions of Title VI of the Civil Code;

(iii) one (1) member who shall be the parent of

a child with disability.

(1)

The members of ENGAGE shall hold such

position for three (3) years, and shall be eligible for reappointment as

members when their period in office lapses.

(2)

A member may at any time resign from his office by

informing the Minister in writing.

*Not yet in force.

(3)

A member may at any time be removed or suspended

from office by the Minister after consultation with the Permanent

Secretary as a result of

(a)

proven inability to perform his functions as

member of ENGAGE;

(b)

proven misbehaviour;

(c)

unjustified absence for more than three (3)

consecutive meetings; or

(d)

if, being a chosen member due to his

representative state, he stops from holding that representative

state;

(4)

Should a vacancy arise further to a resignation or

removal or suspension contemplated in sub-regulations (1) or (2)

above, the Minister after consultation with the Permanent Secretary

shall appoint a member to replace said member who would have

resigned or was removed or suspended

Provided that in the case of ex officio members, the new

member appointed to replace the member who would have resigned, or

was suspended or removed, would be from the same entity which the

member who resigned, or was suspended or removed, represented.

(1)

The Minister after consultation with the

Permanent Secretary shall appoint a secretary to perform necessary

administrative and clerical tasks required for the proper functioning of

ENGAGE.

(2)

Said appointment shall be effected for a period of three

(3) years, and the secretary should be eligible for reappointment when

his period in office lapses.

The Chairperson and members of ENGAGE may receive

such honoraria as the Minister may prescribe, from time to time.

KLSM and the Autism Advisory Council shall be

consulted through DDI on matters that would fall within the remit of

said bodies, and representatives of said bodies may also be invited to

specific meetings on an ad hoc basis, following agreement between the

Director responsible for DDI and the Chairperson of ENGAGE.

(1)

ENGAGE shall meet at the call of the

Chairperson, and a meeting agenda as circulated to members by the

Secretary shall be comprised of any one (1) or more of the following

items

(i)

substantive points related to legislation, policy or

strategy referred to it by the IDCC within the UNCRPD

National Coordination Mechanism;

(ii)

points placed on the agenda by the Chairperson,

following requests by members of ENGAGE, with the intention

of conveying the results of deliberation on said points to the

IDCC;

(iii) agenda points that follow up earlier discussed

agenda points.

(2)

A simple majority of members of ENGAGE shall

constitute a quorum.

(3)

ENGAGE shall act by a majority vote of its serving

members present and voting. In the case of equality of votes, the

Chairperson shall have the right to exercise the casting vote.

The Chairperson, assisted by the secretary, shall liaise

with the UNCRPD National Coordination Mechanism concerning the

matters mentioned in regulation 8.