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Maltese Laws |
NATIONAL ARCHIVES ACT
To regulate the National Archives, and to make provisions for the appointment of the National Archivist and for other dispositions ancillary thereto.
1st September, 2005;
1st October, 2005
ACT V of 2005, as amended by Legal Notice 427 of 2007.
Part I
Preliminary
"archival repository" means a building or part of a building in which archives are preserved and made available for consultation;
" a rc hive s " me ans re cord s o f end u ring valu e s e l e c t ed for permanent preservation;
"Cou ncil" mean s th e Nati on al Archiv es Co un ci l est a b l i s h e d under article 14;
"current records" means records regularly used for the conduct of the current business of an institution;
"financial year" means any period of twelve months ending on the 31st December:
Provided that the first financial year of the National Archives shall begin on the coming into force of this Act and shall
end on the 31st December of the next following year;
"heads of public offices" mean s the Permanent Secretaries, Heads of Departments of Government, Chief Executive Officers
an d of ficials in a co mparab le positio ns resp onsible for t h e administration and operation of any public office;
"Loc al Council" means a lo cal council esta bl ished under th e
Local Councils Act;
"Min ist e r " means th e Mini ster responsible for the National
Archives;
"National Archives" means th e entity called the National
Archives of Malta established under article 3;
"National Archivist" means the head of the National Archives appointed under article 5;
"prescribed" means prescribed by regulations or orders made under this Act;
"private record s" means records other than public records as specified in the Second Schedule;
Short title. Interpretation.
Cap. 363.
"public office" means any body established by the Constitution or by or under any law, or with any partnership or other
body in which the Government of Malta, or any such body as aforesaid, have a controlling interest or over which they have ef fective
control;
"public officer" has the same meaning assigned to it by article
124 of the Constitution;
"public records " means the r ecords specified in the Second
Schedule;
"records" means recorded info rm ation regar d less of for m or medium created, received and maintained by any public office
in pu rsu a nce o f it s legal o b l i g ati o ns or i n th e t r ans a ct io n of i t s business and provi ding evi d en ce of t
h e perfo rmance of th ose obligations or that business;
"Records Officer" means the person so appointed under article
16;
"retention and disposal schedule" means the control document recording appraisal decisions and prescribing retention or
disposal action in respect of records.
Part II
Constitution, Composition and Functions of the National Archives
National Archives. 3. (1) There shall be a body, to be called the National A r chiv es of M a l t a, under th e respon si bili ty o f t h e Nati onal Archivist. The mission of the National Archives is to preserve the collective memory of the Maltese nation through the protection and accessibility of all public archives regulated by this Act.
Legal personality and judicial representation.
(2) The National Archives shall be a body corporate having a distinct l e gal personality and shal l be capable, su bject to th e p ro visi ons of th is A ct, o f enterin g i nt o co nt ract s, of acqu iring , holdi ng and di spo s i ng of any property for the purpose 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 Act.
Objects and functions of the National Archives.
(a) to safeguard the collective memory of the Maltese nation and protect the rights of citizens through the selection, preservation
and access to the archives in whatever medium to the highest of standards;
(b) establish and maintain a register to be known as the
National Register of Archives;
(c) to monitor with powers of inspection the record- keeping practices within public offices;
(d) accept and acquire private records of national significance by gift, purchase, bequest or deposit;
(e) provide leadership to Maltese archives in such areas as preservation of archival records, records management and national cooperation
schemes;
(f) promote the professional training of archivists and records managers.
(2) For the purposes of subregulation (1)(b), the National Register of Archives shall contain particulars, in such form as the National Archivist considers appropriate, of
-
(i) archives open for public inspection and location of holdings;
(ii) records of national significance in private archives, after the necessary permission has been granted by the
owner of the records; and
(iii) any other details or information which will benefit the promotion of the archives and the provision of research
facilities to the general public.
Provided that the first National Archivist shall be appointed by the Minister for an initial period of three years.
(2) The legal and judicial representation of the National Archives shall vest in the National Archivist prov id ed
th at the National Archivist may appoint any one or more of the officers or employees of the National Archives, to appear in his
name and on his behalf in any judicial proceedings and on any act, contract, instrument or other document whatsoever.
(3) There shall also be an Assistant National Archivist for Gozo wi th th e sam e prof ession al quali fication s as th
e Nation al Archivist and who shall be appointed in the same manner and for the same periods of time as the National Archivist.
Appointment of
National Archivist.
(a) provide professional assistance, advice and guidance on the establishment and management of filing and registry systems in
public offices and on the training of the staff of public offices in record keeping;
(b) inspect the record keeping practices and systems of public offices which are obliged to deliver records to the National Archives;
(c) agree with the heads of public offices on, and ensure the implementation of, the retention and disposal schedules relating
to records specific to each such
Functions and duties of the National Archivist.
office, which schedules shall be sufficient authority for taking the action specified at the due date;
(d) establish and ensure compliance with standards for the management of public records;
(e) ensure the arrangement and description of the archival holdings and provide appropriate finding aids to facilitate access
to them;
(f) ensure that reasonable facilities are available to the public for inspecting and obtaining copies of public records in
the National Archives, insofar as such records are open to inspection under article 10;
(g) give advice to users on the use of the preserved records and documentary material of the Archives, and increase the
knowledge of national history and support studies in it;
(h) establish a reference library on archival theory and practice;
(i) make the holdings of the National Archives known by organising outreach events and the lending of public records elsewhere subject
to conditions which he may specify in line with article 9;
(j) prescribe rules to be observed by those wishing to consult public records in the National Archives or any other archival
repository under his control;
(k) dispose of public records in his custody if in his opinion they do not warrant preservation by the National
Archives or the preservation by the National Archives of copies of them in such form as he may determine will suffice;
(l) enter into arrangements with other institutions for the joint management or conservation or restoration of archives,
and for the provision of reprographic or other technical facilities; and
(m) prepare and sell publications or objects related to the functions of the National Archives.
(2) The National Archivist shall furthermore -
(a) assume full responsibility for the administration and organization and the administrative control of the officers and
employees of the National Archives and for such purpose assign to each officer or employee such duties as may be required;
(b) develop the necessary strategies for the implementation of the objectives of the National Archives;
(c) advise the Minister and the Council on any matter they may refer to him or on any matter which he considers necessary or expedient;
(d) perform such other duties as the Minister may assign to him from time to time.
(2) Archives of a particular nature which are regulated by any other law, in for ce from tim e to time shall be kept and shall
be regulated in accordance with that law provided that such archives are preserved and made accessible according to standards agreed
upon with the National Archivist.
(3) Notwithstanding the provisions of subarticle (2), the Minister may in concurrence with the Minister responsible
for a particular archive, order the transfer of documents kept in such archives to the National Archives, and this under such conditions
as may be agreed upon by the Minister and the Minister responsible for those Archives; and where any such document is transferred
to the National Archives, for the purpose of any law regulating the deposit of that document in the existing archives, such document
shall be deemed to be properly deposited in accordance with such law, and all responsibility relative to such document, including
the issue of copies and extracts therefrom, as well as the authentication th ereof, sh all upon th e transfer of such do cuments
vest in the National Archivist.
(4) The National Archivist may certify that particular departmental records which are more than thirty years old
do not warrant transfer to the National Archives for preservation, and any records so certifi e d shall b e retained in t h e appropri
at e publ ic office or, as the case may be, returned to that public office, where they may be retained, or disposed of, subject to
the granting of an authorisation under article 6.
(5) The National Archivist may defer the acceptance of the transfer of records and archives into his custody if accommodation
for them is not available or other arrangements for their reception cannot be made.
Oath of secrecy.
Records to be deposited in the Archives.
Deferment of transfer.
(2) Loans of public records outside Malta may not be made witho ut the w ritt en perm issio n of the Mini st er giv en foll owing
consultation with the National Archivist and the Council.
(3) Where a document to be found in the National Archives is to be exhibited in Court, or othe rwise us ed in the origin al,
the National Archivist shall exhibit or otherwise use the original after making a copy thereof for preservation in the archives
if that is possible.
Records may not be taken out of the National Archives without permission.
Access to records.
a record is deposited at the National Archives public access to such records shall only be regulated by the provisions of this Act.
(2) Public records in the National Archives, or in any other archival repository under the control of the National Archivist,
shall be available for public inspection after the expiration of a period of thirty years from their creation, except insofar as
a longer or short e r p e rio d may have been p r escri b ed by t h e Mini st er following consultation with the Minister responsible
for the public office which created the records or its successor in function.
At the expiration of the period of thirty years prescribed in subarticle ( 1 ) any record s sele ct ed for permanent preservation
wh ic h ar e s til l cl a s si fi ed a s c o nfidential, or se cret shall be examin ed by th e Council to ascertain wh ether th eir
continuing classificat i on is necessary an d, if it i s n o t, they shall be d e - classifi ed and shall becom e open t o pub lic
in sp ect i on u nder subarticle (1).
(3) The Minister may, on the advice of the National Archivist, limit access by the public to documents and objects where:
(a) they contain information which has been obtained by a public authority under an obligation of secrecy or confidentiality;
or
(b) the security of the State or the personal safety of any individual so require; or
(c) the fragility of the archives so warrants; or
(d) the need for organisation of the archives makes it necessary.
(4) Without prejudice to the provisions of article 9, every copy of a document, issued as a true copy duly sealed with the seal
of the National Archives and signed by the National Archivist, shall for the purposes of any law, be deemed an authentic copy and
for the purpose of evidence in any court or tribunal be deemed equivalent to the original.
Right of preference exercisable by the Government.
(2) Such right of preference shall be exercised by the National Archivist by means of a judicial act served on the purchaser within
two months from the date on which the vendor or the purchaser gives notice to the Minister, by me ans of a judicial act or a registered
letter, of the sale indicating the name and address of the purchaser and the conditions of sale, or, if no such notice is given,
within six months on which it shall come to the knowledge of the Minister that a sale has been effected.
(3) Any person who is responsible for any act or omission having the ef fect of frustrating the exercise of the right
of preference appertaining to the Government under this article shall be guilty of an offence under this Act and shall be liable
for the
penalties contemplated in this Act.
Archivist shall:
(a) give effect, as soon as practicable, to any direction, not inconsistent with any provision of this Act which the Minister may
give to him, in relation to the policy to be followed by him in the discharge to his function, and in relation to any matter
which appears to the Minister to affect the nation’s archival heritage;
(b) afford to the Minister facilities for obtaining any information with regard to the property and activities of the National
Archives, and for this purpose the National Archivist shall furnish the Minister with returns, accounts and other information
with respect to the functions of the National Archives, and afford facilities for the verification of any information
furnished, in such manner and at such times as the Minister may require.
Relations with the
Minister.
(a) a Chairperson;
(b) the Superintendent of Cultural Heritage ex officio or his representative;
(c) the Chairperson of Heritage Malta ex officio or his representative;
(d) the National Librarian ex officio or his representative; (e) the Permanent Secretary in the office of the Prime
Minister ex officio or his representative;
(f) a person to represent the non-governmental archives or records centres;
(g) three other persons chosen from amongst persons known to be users of and familiar with archives, records management
and information professions, or working in non-governmental organizations dedicated to information and archives, one of whom
shall be appointed by the Minister responsible for Gozo.
(2) The National Archivist and the Assistant National Archivist for Gozo shall attend all the meetings of the Council but shall
not vote at such meetings:
Provided that the Council may, if it deems so fit, require the National Archivist and the Assistant National Archivist for Gozo not
to attend any of the meetings or any part of a meeting.
(3) The members of the Council shall be appointed for a term
Exemption from certain taxes.
National Archives
Council.
of three years, but the members so appointed shall be eligible for reappointment on the expiration of their term of office.
(4) The meetings of the Council shall be called by the Chairperson as often as may be necessary but at least once every
two months either on his own initiative or at the request of any two of the other members.
(5) Half the number of the members for the time being constituting the Council shall form a quorum. Decisions shall be
adopted by a simple majority of the votes of the members present and voting. The Chairperson shall have an initial vote and in the
event of an equality of votes, a casting vote.
(6) Any member who has a direct or indirect interest in any con t ract or oth e r acti on m a de o r p r opo sed to be m a de by
the Council in connection with the National Archives, shall disclose the nature of his interest at the first meeting of the Council
after the relevant facts have come to his knowledge. Such disclosure shall be recorded in the minutes of the meeting, and such member
shall withdraw from any meeting while such matter is discussed or decided upon by the Council.
(7) Subject to the provisions of this Act and to such procedures as ma y be pre s c r ibed, the Co un cil sha ll regul ate it
s o w n proceedings.
Functions of the
Council.
Council shall -
(a) promote the National Archives and other record keeping entities;
(b) ensure and facilitate the collaboration between the different stakeholders with direct or indirect responsibility
for the protection and management of the archives sector;
(c) advise the Minister on the management of archives in
Malta;
(d) draw the attention of the Minister or of any organisation or person responsible for archives to any urgent action
that may be considered necessary for the better management of archives and records;
(e) advise the Minister on any matter arising from the provisions of this Act and on any other matter referred to it by the
Minister.
(2) The Council shall also biannually convene a National Forum about the arch ives to d i scuss th e state of the archives
generally after receiving a relative report to be drawn up by the Council. There shall be invited to attend at such Forum, among
others, Depa rtment s and other Government enti ti es, Mayors of Local Councils, owners of private archives and their archivists,
n on-go vernm e nt al or gani sati ons havi ng an in terest i n the maintenance and safeguarding of archives and public records,
the Uni v ersit y o f Malta, o t her ed ucat ion i n stit ut ion s , speci a lists, consultants, representatives of the commercial
sector, persons who
procedures shall be published and sent to the Minister.
(3) The Council shall give public notice one month in advance of the meeting of the Forum which shall be chaired by the President
who is to be appointed by the Council.
(2) Records Officers shall be responsible for creating and maintaining adequate documentation of the functions and activities
of their respective public offices through the establishment of good records keeping practices, including:
(a) creating and managing current records within appropriate filing and registry systems;
(b) drafting with the National Archivist retention and disposal schedules relating to records specific to each public office:
Provided that such schedules shall only come into effect when approved and signed by the National Archivist, and in the
case of records containing personal data, also after consultation with the Commissioner for Data Protection;
(c) implementing retention and disposal schedules issued in accordance with article 6;
(d) providing access to the National Archives for inspections of records in accordance with article 6;
(e) informing the National Archivist as soon as it is known that a function or functions of the pubic office will be transferred
to another public office or organisation, or that an activity carried on by the public office or an activity
of some other body connected with its work is to be wound up;
(f) preparing, and providing the National Archives with, lists of records to be transferred to the Archives for permanent preservation
in accordance with guidelines issued by the National Archivist;
(g) arranging the material to be transferred to the National Archives according to archival best practice agreed with the National
Archivist;
(h) providing for the safe transfer of records to be preserved at the National Archives.
Part III
Administrative and Personnel Provisions
Responsibility of Departmental Records Officers.
Staff appointments.
Appointments and functions of officers and employees.
Cap. 9.
ap poi ntm e nt of of ficers and ot her empl oyees of the Natio nal Archives shall be made by the National Archivist. The terms and
conditions of employment shall be de te rmined by th e National Archivist with the approval of the Minister.
(2) The National Archivist shall appoint and employ, at such remuneration and upon such terms and conditions as he may in accordance
with subarticl e (1) de termine, s u ch of fice rs and employees as may from time to time be necessary for the due and efficient
discharge of the functions of the National Archives.
(3) The members of the Council, all officers and employees of the National Archives shall be deemed to be public officers within
the meaning of the Criminal Code.
Detailing of public officers.
Status of public officers.
(2) The period during which a direction as aforesaid shall apply to any officer specified therein shall, unless the officer retires
from the public service, or otherwise ceases to hold office at an earlier date, b e such as m a y be sp eci f ied in the dir e cti
on, un less th e direction is revoked earlier by the Prime Minister.
(3) Where any officer is detailed for duty with the National Archives in accordance with this article, such officer shall during
the time in which such direction has effect in relation to him, be unde r the administrative author ity and control of t h e N a
ti on al Archivist but shall for other intents and purposes remain and be considered and treated as a public officer.
(4) Without prejudice to the generality of the foregoing, a public officer detailed for duty as aforesaid -
(a) shall not during the time while such officer is so detailed -
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the appointment under the Government held by that public officer at a date on which he was detailed for duty;
or
(ii) be so employed that the remuneration and conditions of service are less favourable than those which are
attached to the appointment under the Government held by that public officer at the date he was detailed for duty as aforesaid
or which would have become attached to such appointment, during the said period, had such officer not been detailed for
duty with the National Archives; and
for the purpose of any pension, gratuity or benefit under the Pensions Ordinance, and the Widows’ and Orphans’ Pensions Act, and of any other right or privilege to which that public officer would be entitled, and shall be liable to
any liability to which he would be liable, but for the fact that he is detailed for duty with the National Archives.
(5) Where an application is made as provided in subarticle (4)(a)(i), the same consideration shall be given thereto as if the ap pli c an t had no t b e en d e tail ed fo r dut y wi th th e Nat
i on al Archives.
(6) The National Archives shall pay to the Government, where appl icabl e , such cont ri but ion s as m a y f r o m ti me to tim
e b e 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 National Archives as aforesaid during the period in which such officer is so detailed.
Cap. 93. Cap. 58.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
th ey are not in all respects iden tical with or superior to those enjoyed by the officer concerned at the date of such 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 officer who accepts permanent employment with the National Archives, under the provisions of subarticle (1), shall for
all purposes other than those of the Pensions Ordinance, and of the Widows’ and Orphans’ Pensions Act, be deemed to have ceased to be in service with the Government and to have entered into service with the National Archives on the
date of such acceptance and for the purposes of the said Ordinance and of the said Act, so far as applicable to that officer, service
with the National Archives shall be deemed to be service with the Government within the meanings thereof respectively.
(4) Every such officer as aforesaid who immediately before accepting permanent employment with the National Archives was
entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents as if servic e wi th th e N a ti ona l A r ch iv es wa s serv
ice wi th th e Government.
(5) The National Archives shall pay to the Government such cont ribut ions as may from ti me t o 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 it as aforesaid during the period commencing on
Offers of permanent employment to public officers detailed for duty with the National Archives.
Cap. 93. Cap. 58.
Cap. 58.
Cap. 93.
Revenues of the
National Archives.
the date of such officer ’s acceptance.
(6) (a) For the purposes of this article the posts and salary grades with the National Archives shall be classified in the most nearly
corresponding grades and incremental levels in the service under the Government of Malta by reference to job description, skills,
responsibilities and other analogous factors.
(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a chairperson appointed by the Minister responsible for finance and two other
members, one appointed by the Ministry responsible centrally for personnel policies in the public service and one
appointed by the National Archivist. The classification shall be subject to the final approval of the Minister responsible
for finance.
(c) Such classification shall take place within three months of any adjustment of salaries of employees in the Government
service, and, or, of employees of the National Archives.
(d) No post shall be classified in a grade higher than that of grade 3 in the service of the Government or such other grade that
the Minister responsible for finance may from time to time by notice in the Gazette determine.
(e) Without prejudice to the provisions of article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the said Pensions Ordinance less favourable than those to which that person would have been entitled prior to such classification.
Part IV
Financial Provisions
(2) For such purpose the National Archivist shall levy such fee s , rat e s an d o t her pa ym e n t s presc r i b ed o
r d eem e d t o be prescribed by or under this Act or any other law.
(3) The National Archives shall be paid by Government out of the Consolidated Fund such sums as the House, may from time to time
authorise to be appropriated to meet the costs of specified works to be continued or otherw ise carri ed out b y the National Archives,
being works of infrastructure or a similar capital nature, or to meet any of its expenditure which it cannot meet out of its own
revenue.
(4) Any revenue shall, subject to such directives as the
Mi nister, aft e r co nsul tatio n w i t h t h e Mi ni st er respon sibl e for
Archives for its purposes, and without prejudice to the generality of the powers given to the Minister by this subarticle, any direction
given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may be specified
in the direction, of any part of the fees rates and other payments levied in accordance with subarticle (2).
(2) The National Archives may also, with the approval of the Minister in consultation with the Minister responsible for finance, from time to time borrow, by way of overdraft or otherwise, such sums as it may require for carrying out its functions under this Act.
Power to borrow capital.
Provided that the estimates of the National Archives for its first financial year shall be prepared and adopted within such time as
the Minister may by notice in writing specify to the National Archives.
(2) The estimates shall be made in such forms and shall contain such information and such comparisons with previous estimates as
the Minister responsible for finance may direct.
(3) A copy of the estimates shall, upon their adoption by the National Archivist, be sent forthwith to the Minister and to the
Minister responsible for finance.
Advances from
Government.
Estimates of the
National Archives.
National Archives unless it has been approved by the House.
(2) Notwithstanding the provisions of subarticle (1) -
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for
that year by the House, whichever is the earlier date, the National Archives may make or incur
Expenditure according to the approved estimates.
expenditure for carrying out its functions under this Act not exceeding in the aggregate one-half of the amount approved for
the preceding financial year;
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister, be incurred in
respect of another head or sub-head of the estimates;
(c) in respect of the first financial year, the National Archives may make or incur expenditure until the approval
of the estimates for that year by the House not exceeding in the aggregate such amounts as the Minister responsible for
finance may, after consultation with the Minister, allow;
(d) if in respect of any financial year it is found that the amount approved by the House is not sufficient, or if a need has arisen
for expenditure for a purpose not provided for in the estimates, the National Archives may adopt supplementary estimates
for approval by the House and pending such approval, the National Archives may in special circumstances and with the approval
of the Minister, acting in consultation with the Minister responsible for finance, incur the relative expenditure or part thereof
as the said Minister may so approve, and in any such case the provisions of this Act applicable to the estimates shall, as
near as practicable, apply to the supplementary estimates.
Accounts and audit.
(2) The accounts of the National Archives shall be audited by an auditor or auditors to be appointed by it and approved by the
Minister:
Provided that the Minister responsible for finance may require the books and other records of the National Archives to be audite
d or examined by the Auditor General who shall fo r th is purpose have power to carry out such physical checking and other verification,
and may require such in formation, as the Auditor General may deem necessary.
(3) After the end of each financial year, at the same time as a copy of the estimates of the National Archives is forwarded to
the Minister under article 23, the National Archivist shall cause a copy of the statement of accounts duly audited to be transmitted
to the Minister and to the Minister responsible for finance together with a copy of any report made by the auditor or auditors on
that statement or on the accounts of the National Archives.
(4) The Minister shall cause a copy of every such statement and report to be laid before the House.
(2) All payments out of the funds of the National Archives, except petty disbursements not exceeding such sum as may be fixed by
the National Archivist with the approval of the Minister, shall be made by such officer or officers of the National Archives as shall
be appointed or designated for the purpose.
(3) Cheques against and withdrawals from any bank account of the National Archives shall be signed by such of ficer of the N a
t i on al A r ch iv es as may be app o in ted o r d e sig n ated by the National Archivist for that purpose and shall be countersigned
by the authorised member or officer of the National Archives as may be authorised by the National Archives for that purpose.
(4) The National Archives shall also make provision with respect to -
(a) the manner in which and the officer or officers by whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which its monies are to be paid, and the transfer of funds from one
account into another;
(c) the method to be adopted in making payments out of its fund; and
(d) generally with respect to any matter which is relevant to the proper keeping and control of the accounts, books and other
records and the control of its finances.
Deposit of revenues and payment by the National Archives.
Contracts of supply and of works. Amended by:
L.N. 427 of 2007.
Annual report.
Transfer of assets to the National Archives.
Part V
Transfer of certain Assets to the National Archives
(2) The use and administration of the immovable assets from
time t o t ime speci f ied in the Order made by th e Mi nister
resp on si ble f o r lands i n co nsul tatio n w ith th e Mi nist er and published in the Gazette (hereinafter referred to as "the
immovable assets’’) being immovable assets which immediately before the
coming into force of this Part of this Act wer e owned by the Government and used by it for the operation of any of the functions
which by this Act are being transferred to or vested in the National
Archives, shall, with effect from such day as may be specified in any such Order and by the virtue of this Act and without any further
assurance, be vested in the National Archives.
(3) The transfer and vesting aforesaid shall extend to the whole of such property and undertakings and, without prejudice to the
generality aforesaid, shall include all plant, equipment, apparata, instruments, vehicles, craft, buildings, structures, installations,
l a n d , ro ad s, w o rks, stock s and o t her pro p erty m ovable or im movable, asset s, powers, ri ghts and privil eges and all
thing s neces sary or ancillary thereto which are held or enjoyed in conn ecti on therewi t h or appertaini ng thereto , as well
as all obligations affecting or relating to any of the aforesaid property or undertakings or other thing included therein as aforesaid.
(4) Any transfer of property, whether moveable or immovable, shall be subject to all those terms and conditions that the Minister
may deem necessary to ensure that such property is exclusively used for the purposes of the functions of the National Archives or
purposes ancillary thereto.
Construction of laws, etc.
Part VI Offences
(a) receives or retains any public record knowing that it has been illegally removed in Malta or illegally exported from
any other country; or
(b) hinders, obstructs, molests or interferes with, or attempts to hinder, obstruct, molest or interfere with, any officer
or employee of the National Archives or any police officer in the execution of duties provided for under this Act, or fails to
comply with any lawful order by any such officer or employee or police officer as aforesaid, or knowingly furnishes such officers
or employees with false information or neglects or refuses to give any information required by or under this Act,
shall be guilty of an offence against this Act and shall be liable, on convicti on, to a fine ( multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) and not exceeding eleven thousand and six hundred
and forty-six euro and eighty- seven cents ( 11,6 46.87 ), or to impr i sonment for a term no t exceeding three years, or to both
such fine and imprisonment:
Provided that, subject to the above maximum, the minimum fine (multa) to which an offender shall become liable under this article shall not be less than the value of any work that might be required
to remedy the effects of the offence.
(2) The Court, besides awarding the punishment referred to in this article, may order the convicted offender to remove the causes
of the offence and to undo anything which was done without the authorisation required under this Act, within a time sufficient for
the purpose and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a further fine
(multa) of not less than fifty-eight euro and twenty-three cents (58.23) and not more than one hundred and sixteen euro and forty-seven
cents (116.47), as the court may fix, for every day during which the default continues after the expiration of the said time.
(3) Any public record which has been or which may be r e mo ved wi th o u t pr op er aut h or is at i o n un der t h
is A c t, may be reclaimed by the National Archives.
Part VII Miscellaneous
(2) The provision of copies of public records by the National Archivist does not imply the transfer of any copyright therein to
the recipients.
(3) The publication of facsimile copies of public records in the
Unauthorised removal or destruction or damage of public records.
Amended by:
L.N. 427 of 2007.
Copyright.
custo d y o f the Nat i on al Arch iv ist in whi c h co py ri gh t o f th e Government of Malta subsists is prohibited except with the consent of the National Archivist and subject to such conditions as he may require and to the payment of such fees as may be prescribed under this Act.
Power to make regulations.
(a) to provide for the proper management and preservation of public records and the manner in which the public may have access to
the documents and objects in the National Archives;
(b) to establish the standards and the manner in which copies and other reproductions of documents and objects in the
National Archives, may be made;
(c) to establish the fees and dues which may be payable by or under, or for services rendered pursuant to, the provisions
of this Act;
(d) to ensure the better fulfilment of the functions of the National Archives, the National Archivist, and the Council;
(e) to regulate the appointment of officers and employees with the National Archives;
(f) to establish guidelines for best preservation practice; (g) to provide for any forms or procedures which may be
necessary or expedient and for which no express
procedure is contained in this Act;
(h) to regulate movement of public records and the periods within which such records shall remain closed to public inspection;
(i) where not otherwise provided in this Act, to prescribe rules regulating the powers and duties of, and the procedures
to be followed by the National Archives;
(j) to amend the Schedule;
(k) to prescribe anything else which may or is to be prescribed under this Act.
Transitional provisions for Records in the National Archives.
FIRST SCHEDULE
(Article 7)
Form of Oath
I, ......................................................... swear/solemnly affirm that I will fully and honestly fulfil my duties
as National Archivist/employee of the National Archives in conformity with the requirements of the National Archives Act, and of
all orders made thereunder, and that I will not, except in the performance of my duties under that Act and such orders and except
when information has fallen into the public domain, disclose or make known during my service as National Archivist/employee of the
National Archives or at any time thereafter, any matter which comes to my knowledge relating to any person, Government department
or other public office by reason of my service as National Archivist/employee of the National Archives.
(So help me God.)
SECOND SCHEDULE
(Article 8)
List of Public Records
1. Public records and archives to be preserved in any archival repository which falls under the responsibility of the National
Archives are those records and archives created, received and maintained by:
(a) the office of the President;
(b) the House of Representatives;
(c) the office of the Cabinet of Ministers;
(d) any ministry, department, commission, authority, agency or other public office:
Provided that in the case of public corporations or other parastatal or public organizations which are or have been privatised the
provisions of this Schedule shall only apply up to the date when the Government of Malta or any body owned or controlled by it no
longer has effective control;
(e) any embassy or other foreign representation of the Government of Malta outside Malta and by any officer serving in such a post;
(f) the Electoral Commission or any committee or officer thereof;
(g) the Courts of Justice, or any other court or tribunal with jurisdiction within Malta or by any judge, magistrate or other officer
of such a court;
(h) any local council or authority, or committee or sub-committee or officer thereof;
(i) any predecessor or successor of any of the institutions, bodies or individuals designated in paragraphs (a) to (h);
(j) any other body or individual so designated by the Minister by regulation made in accordance with this Act.
2. Records originated by the Ministry for Gozo, Gozo sections of government
departments, and by public bodies established for Gozo shall be deposited at the
Gozo Section of the National Archives.
3. All public records and archives which at the time of the coming into force of this Act were in the custody of the National
Archives of Malta shall be considered to be public records for the purposes of this Act.
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