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Local Councils Act (Cap. 363) Local Governance Board Regulations, 2010 (L.N. 63 Of 2010 )

LOCAL COUNCILS ACT (CAP. 363)Local Governance Board Regulations, 2010

IN exercise of the powers conferred by article 72 of the Local Councils Act, hereinunder referred to as the “Act”, the Prime Minister has made the following regulations:-

Title.

Definitions.

Board Regulations, 2010.

“the Act” means the Local Councils Act;
“ t h e B o a r d ” m e a n s t h e L o c a l G o v e r n a n c e B o a r d established by means of these regulations;
“the Department” means the Department for Local
Government;
“ t h e D i r e c t o r ” m e a n s t h e D i r e c t o r f o r L o c a l
Government;
“Elected representative” includes any Mayor, Deputy Mayor, Councillor or any elected representative in any Regional Committee or Administrative Committee;
“Executive Secretary” includes the Secretary to any Regional Committee, Local Council or Administrative Committee;
“Local Government” means any Regional Committee, Local Council or Administrative Committee;
“ m a l a d m i n i s t r a t i o n ” i n c l u d e s d e c i s i o n s t a k e n b y any elected representative or any official of any Regional Committee, Local Council or Administrative Committee that are taken after an unreasonable time without any justification, non consistent procedures adopted under similar circumstances, the provision of wrong information or

documentation, or decisions that are not according to law or statutory procedures, any action the implementation of which causes undue inconvenience or any abuse of discretion;
“the Minister” means the Minister responsible for Local
Government;
“ o f fi c i a l ” i n c l u d e s a n y o f fi c i a l o f a n y R e g i o n a l
Committee, Local Council or Administrative Committee.

(2) No person shall be appointed on the Board if he holds office in the Department, the Local Councils Association, the Association of Maltese Local Council Executive Secretaries, any Regional Committee, Local Council or Administrative Committee, in order to avoid any real or potential conflict of interest.
(3) The Board’s Secretary shall be an officer in the public sector.
(4) The members and Board Secretary shall, on appointment, prescribe to the oath of office before a Commissioner for Justice, in the form prescribed in the Schedule to these regulations.

( a ) a n y a l l e g e d a b u s e o r b a d d e c i s i o n o r maladministration committed by any elected representative, Executive Secretary, or any other official, which offence is not one of a criminal nature;
(b) any alleged breach of the Code of Ethics for Elected Representatives in force at the time of the alleged breach;
B 645

Establishment of a Local Governance Board.

Constitution.

Conflict of interest.

Board Secretary.

Oath of office.

Functions of the

Board.

B 646 VERŻJONI ELETTRONIKA
(c) any complaint by any member of the public against any Elected Represenative, Executive Secretary or any official with respect to any maladministration;
(d) any complaint from any public official or public or private entity against any Elected Representative, Executive Secretary or any official of any maladministration;
(e) any complaint from a member of the public, public official or any public or private entity against any decision of a local government on any decision which he deems to constitute any irregularity, injustice or abuse not being of a criminal nature.

Method of lodging a complaint.

Powers of the Board.

( 2 ) T h e B o a r d S e c r e t a r y s h a l l w r i t e d o w n t h e decisions taken by the Board members and make a summary of the discussion without the need to identify the members and their opinions. The decision shall be taken by a simple majority.
(3) Any member of the Board, may, if he does not agree with the final decision of the Board, submit to the Board a Minority Report wherein he gives his reasons for not agreeing with the final decision of the Board.
(4) In carrying out its investigation, the Board shall have the power to -
(a) convene persons to appear before it and give information on oath in any place, day and time as it may determine;
(b) cause any person having any document relevant to the investigation to present that document;
(c) inspect in any manner and in any place which it may determine, and keep extracts from any books, accounts or documents in a printed or any other manner.

(2) The Director may also request a clarification from the Board before any action is taken.
B 647

Board decisions to be communicated to the Director.

B 648 VERŻJONI ELETTRONIKA

Regulation 4(4)

I ................................................. nominated to serve as member/Secretary on the Local Governance Board swear/affirm that, for as long as I am member/secretary to that Board, shall faithfully, fully, impartially and to the best of my abilities, carry out my duty and perform my office by the powers vested in me through the said nomination.
So help me God.
………………………………… ………………………………
(name and surname) (date)