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Maltese Laws |
PUBLIC ADMINISTRATION ACT
To affirm the values of public administration as an instrument for the common good, to provide for the application of those values throughout the public sector, and to provide for the organisation and management thereof.
(27th November, 2009); (30th March, 2010)*
ACT I of 2009, as amended by Legal Notices 194, 487 and 522 of 2010; Act VI of 2011; and
Legal Notice 479 of 2011.
ARRANGEMENT OF ACT
Articles | ||
Part I | Definitions and Declaration of Principles | 1 - 5 |
Part II | The Public Service | 6 - 31 |
Title 1 | Organisation | 6 - 12 |
Title 2 | Leadership | 13 - 19 |
Title 3 | Public officers | 20 - 31 |
Part III | M erit Protection Commissi on, Agencies and Government Entities | 32 - 48 |
Title 1 | The Merit Protection Commission | 32 - 35 |
Title 2 | Agencies | 36 - 45 |
Title 3 | Government entities, boards and commissions | 46 - 48 |
Part IV | Miscellaneous | 49 - 51 |
First Schedule - Code of Ethics
Second Schedule - Departments
Third Schedule - Grades
Fourth Schedule - Agencies
*See Legal Notice 344 of 2009 which brought into force the provisions of this Act, except articles 8 to 10,
18(1)(d), 19, 21 to 26, 28 to 45, and 49;
Legal Notice 44 of 2010 brought into force articles 8 to 10 inclusive, 18(1)(d), 19, 36 to 45 inclusive, and 49
- as from 30th March, 2010.
Short title and commencement.
PART I
DEFINITIONS AND DECLARATION OF PRINCIPLES
Act.
(2) This Act shall come into force on such a date as the Prime Minister may by notice in the Gazette establish, and different dates
may be so established for different provisions or different purposes of this Act:
Provided that articles 21 to 26 inclusive, 28 and 31 to 34 i n cl usiv e m a y o n ly b e b r o ugh t in to f o r c e af ter t h e
nece ssar y instruments of delegation have been issued in terms of article 110 of the Constitution.
Interpretation. 2. (1) In this Act, unless the context otherwise requires:
"Code of Ethics" means the code of ethics in the First Schedule;
"department of Government" or "department" means any entity in the Public Service that is listed in the Second
Schedule;
S.L. Const. 03 "Disciplinary Regulations" means the Disciplinary Procedure in the Public Servi c e Com mission Regul ati ons or any other regulations on disciplinary matters substituting them and which may be made under article 121(1) of the Constitution;
"government agency" or "agency" means a body listed in the
Fourth Schedule;
"g overnm e nt ent ity " m eans an or gan i sati on, n o t bein g a govern ment department, a government agency or a commercial
p a rtnership, i n wh ich G overn ment has a co ntrolli ng interest , whether or not such organisation is established by law;
"grade" means any of the grades listed in the Third Schedule, and consists of a group of one or more posts in one or more
departments which bear a common designation and are filled directly through an appointment to the grade;
"Minister" means, un le ss th e co nt ext otherwise requires, the Minister responsible for the public administration so
however that where the Prime Minister has delegated, wholly or in part, any of the powers, functions or authorities assigned to him
by this Act, the Prim e Mini st er m a y still ex ercise such pow er s, f unctio ns or authorities collaterally with such Minister;
"ministry" means an organisation referred to in article 6;
"position" means any office in the public service, other than a grade;
" p ost" me ans a partic ular se t of ta sks or duties whic h a r e performed or intended to be performed by one person;
"Principal Permanent Secretary" means the person appointed in terms of article 14;
"pu b lic ad m i nistrati on" means the Governmen t of Malt a
in cl ud in g i t s min istr ies an d d e part men t s, and th e agenci es, government entities, commissions and boards referred to
in this
Act;
"public administration values" means the values listed in article
4;
"public employee" includes public officers and employees of
government agencies and government entities, and for the purpose of section B, section C and paragraph 27 of the Code of Ethics a
person shall continue to be regarded as a public employee for three years following his retirement, resignation or dismissal from
public employment;
"public office" has the same meaning assigned to it by article 124 of the Constitution and shall also, for the purposes of this Act, be underst ood to mean an y grade o r p ositio n in the publ ic serv ice except those
listed in subarticle (2)(a);
"public officer" has the same meaning assigned to it by article
124 of the Constitution, but shall for the purposes of this Act be
understood in accordance with subarticle (2);
"public service" has the same m ean in g assign ed to i t by th e Constitution, but shall for the purposes of this Act be understood in accordance with subarticle (2);
"Public Service Commission" means the Commission established by article 109 of the Constitution;
"Senior Executive Service" means the body of senior public officers to which article 19 refers;
"transfer" means to assign a public officer to a different post. (2) This Act shall not apply to:
(a) the offices of judge, magistrate, Attorney General and
Auditor General; and
(b) the offices of Speaker, Deputy Speaker, Ombudsman and Data Protection Commissioner; and
(c) the Broadcasting Authority, the Electoral Commission, the Employment Commission, and (in so far as this Act does not specifically
refer to it) the Public Service Commission:
Provided that, without prejudice to the independence of the Electoral Commission and the Public Service Commission under the Constitution, this Act shall apply to the Electoral Office and the Public Service Commission Secretariat.
(3) Unless otherwise specified to the contrary in this Act, where a provision of this Act conflicts with the provisions
of any other law governing a departm e nt, an agency or a government entity, the other law shall prevail.
Principle of accountability.
(a) be governed by the provisions of this Act, including the public administration values and the Code of Ethics;
(b) be subject to Ministerial direction as provided for in the Constitution and in this Act and other laws, except on matters in respect of which they are expressly required by law to act independently
or under the direction of a person or authority other than a Minister;
(c) be accountable under this Act and other laws for the manner in which they provide services, carry out their functions and
manage their resources, for their observance of the public administration values and the Code of Ethics, and for their
observance of the Ministerial directions referred to in paragraph (b).
Public administration values.
(a) exercise any powers vested in them by law, and deliver services to the public, courteously, expeditiously and impartially;
(b) provide objective and knowledgeable advice on matters within their competence;
(c) efficiently and effectively implement the policies of the government of the day;
(d) contribute towards the co-ordination of Government policy in conjunction with departments, agencies, government entities
and Local Councils; and
(e) contribute through their own conduct to making their workplace one which recognises talent, develops skills and abilities,
rewards performance, avoids discrimination and offers safety.
(2) Public employees shall uphold and promote the public service valu es, and a fa ilure to do so on th e part of any public
employee may constitute grounds for disciplinary proceedings against that employee under applicable rules and procedures.
(3) The Principal Permanent Secretary may issue directives and gui delin es ai med at u pho ldi ng an d b e t t er real isin g
t h e pu bli c se rvice va lues, and public empl oyees shall comply with such directives.
Code of Ethics. 5. (1) The Code of Ethics set out in the First Schedule shall apply to public employees.
(2) The Prime Minister may from time to time, by Order in the
Gazette, amend or substitute the First Schedule.
(3) It shall be the duty of all public employees to comply with the Code of Ethics, and failure to do so on the part of any public
employee may constitute grounds for disciplinary proceedings against that employee under applicable rules and procedures.
(4) The Principal Permanent Secretary may issue directives and guidelines aimed at upholding and ensuring compliance with the Code
o f Eth i cs and, wi th t h e concu rren ce of the Mi nister responsible for the particular board or commission, he may also issue
such guidelines with respect to boards and commissions.
(5) The head of a department, agency or government entity may, with the approval of the Principal Permanent Secretary, make
ru les of ethi cal conduct, complementary and in addition to the Code of Ethics, relati ng to th e circ umstances particular to that
organisation, and th e term Code of Ethics in relation to public employees in that organisation shall include such rules.
PART II
THE PUBLIC SERVICE Title 1 - Organisation
6. (1) Where a Minister is assigned responsibility for any departmen t o f G overnmen t i n t e rm s of arti cle 82
of th e Constitution, that Minister shall, in line with article 92 of the Constitution, and without prejudice to article 6 of the Interpretation Act, have the general directio n and cont rol of all department s, agencies and government entities that may be placed under his responsibility
and may give directions directly to the head of the department, Chief Executive Officer, Board of Directors or any other employee
falling within his responsibilities, on any matter, exce pt matters whe r e the he ad of department, Chief Executive Officer, Board
of Directors or other employee is required by any law to act -
(a) independently; or
(b) in accordance with the direction of a person or authority other than the Minister:
Provided that where a Permanent Secretary has been ap po in ted to su perv ise th e relat i v e dep a rtm e n t , agen cy
o r g o v e r n ment enti ty th e Mi ni st er shal l i n fo rm t h e Perman en t Secretary that he has given such directions.
(2) A Minister may be assigned responsibility for any department, agency or government entity including those listed
in Part II of the Second Schedule.
(3) The staff assigned to the secretariat of a Minister, including adv i sors or co nsult a n t s t o t h e Mini st er, sh al l
b e deemed to be oc cupy ing po sitions of special trust and shall, even if they are public officers assigned on transfer, be appointed
thereto on the basis of a definite contract:
Provided that on the expiration or termination of the contract, the directives and guidelines mentioned in subarticle (4)
shall apply.
(4) The Prime Minister may issue directives and guidelines co ncern i n g th e fu ncti on s, ad mi ni st rat i o n an d
establ ish m ent o f Ministers’ secretariats, the engagement of staff thereto, and the terms and conditions under which such staff
shall serve.
Ministers and Ministers’ secretariats.
Cap. 249.
(5) Save as may otherwise be provided for by the Prime Minister ’s directives, a Minister ’s secretariat shall be
under the supervision of a member of staff designated as Head of Secretariat who shall report to the Minister.
(6) The provisions of subarticles (3), (4) and (5) shall apply
mutatis mutandis to the secretariat of a Parliamentary Secretary.
Ministries. 7. (1) A ministry shall be constituted as a distinct organisation in its own right under every Minister who is
assigned portfolio res p onsibilities in accord ance with article 82 of the Constitution, and the ministry shall consist of:
(a) the Minister ’s secretariat;
(b) the secretariats of such Parliamentary Secretaries as may be appointed to assist the Minister;
(c) the office of the Permanent Secretary; and
(d) such other divisions, directorates, sections, offices or other units within the public service as may be placed or established
within the Ministry by the Prime Minister.
(2) Where more than one Permanent Secretary reports to the same Minister (other than temporarily due to arrangements made un der
articles 83 or 8 4 of the Cons t itution), the s c ope of responsibilities of each Permanent Secretary shall be delineated by the Prime Minister.
Departments. 8. (1) Departments of Government shall be those listed in the
Second Schedule.
(2) The functions of departments shall be in accordance with the indicative summaries shown against the respective departments
in the Second Schedule.
(3) The Prime Minister may, by Order in the Gazette, amend the Second Schedule to:
(a) establish a new department;
(b) abolish a department or change its name or function;
and
(c) change the titles of heads of department and other officers as provided for in article 10.
(4) Departments which, by virtue of any applicable laws or special administrative arrangements, are not subject to the direction
and control of a Minister in the performance of their main functions shall be listed in Part II of th e Second Schedule, but t h
e applicability of any such law to such a department shall not depend on its listing in the Schedule.
Senior Appointments Advisory Committee.
Committee, hereinafter referred to as the Committee, that shall:
(a) consult the relevant Minister about the duties attached to and the results expected from any headship position that is vacant
or expected to become vacant;
(b) identify candidates for the position in accordance with article 21(2), within the parameters set by the Constitution; and
(c) give due account about the candidates and propose for the Prime Minister ’s consideration the candidate who in its opinion
is best suited on the basis of merit to fill the position.
(2) The Committee shall be chaired ex officio by the Principal
Permanent Secretary and shall consist of:
(a) at least two other members, one of whom shall not be a public officer, who shall be appointed by the Prime Minister; and
(b) any additional members co-opted by the Prime Minister for the purpose of considering applicants for specific headship
positions.
(3) The Committee shall call upon the advice and assistance of Permanent Secretaries in screening or short-listing candidates but
shall otherwise regulate its own procedure.
(4) No person may be appointed to a headship position to which article 92(4) of the Constitution applies unless:
(a) that person is eligible therefore by virtue of the grade which he holds; or
(b) that person has served for six consecutive years in one or more positions in the Senior Executive Service.
the position titles un der which he ads of department shall be appointed, and such titles shall, by order of the Prime Minister published
in the Government Gazette, be listed next to the names of
the departments in the Second Schedule:
Provided that the re-designation of a position while it is occupied shall not be taken as a re-appointment of the incumbent or a change
to the terms of his appointment.
(2) The assignment by the Prime Minister of similar position titles to d i ff eren t headship po sit i ons shall not mean th at
su ch positions should necessarily attract the same status and terms and conditions.
(3) Where, in accordance with the provisions of this Act, a headship position, or any other office in the public service,
that has been established or is assigned functions by another Act -
(a) is assigned a new title; or
(b) is merged with another public office as a result of organisational restructuring;
the title assigned to the office by the other Act (hereafter in this article referred to as the "equivalent title at law")
shall be listed in the Second Schedule along with the new title of the office or the office with which it has been merged in terms
of paragraph (a) or (b) as the case may be, and subarticles (4) and (5) shall apply.
Titles of headship positions and other public offices, and equivalent titles at law.
(4) Where any office in the public service is listed in the
Second Schedule along with an equivalent title at law -
(a) the powers assigned to the office under its equivalent title at law shall vest in the holder of the office as currently titled;
and
(b) both titles shall be regarded as interchangeable for the purpose of any law and a reference to one title in place of another
shall not invalidate any act or any legal proceedings.
(5) Where any law -
(a) assigns, or permits the assignment of, functions to staff acting on behalf of the holder of a public office; and
(b) that office is listed in the Second Schedule as the equivalent title at law of a second office;
su ch fu nct io n s m ay b e pe rfo rm ed by st aff i n th e de part m ent to which the second office belongs, notwithstanding anything
to the co ntrary i n th e said law; b u t any co ndit i on s or requi rements a ttached by the la w to the perfo rmance of such fu
nc ti on s shal l otherwise continue to apply.
(6) If a public office has more than one equivalent title at law, subarticles (4) and (5) shall apply in respect of each such title.
Exercise of powers during a public officer’s absence.
Secretariats of boards and commissions.
11. The Permanent Secretary with respect to the head of any department li st ed in th e Seco n d Schedu le and the h e ad of department with respect to a member of staff as the case may be, shall ensure that the most suitable officer as the case may be, and due account being taken of senior ity and technical abilities, is nominated for the purposes of article 124(5) of the Constitution with the aim of exercising any powers as are vested by any law if the head or other member of staff is absent from his office and temporarily unable to discharge his duties so that such powers shall be exercised during the period of the officer ’s absence.
(2) The secretariat of the board shall be under the direction of an officer, hereinafter referred to in this article as "the
designated officer", who shall follow the directions of the head of department within which the board secretar iat opera t es
on the matters mentioned in subarticle (1).
(3) A head of department shall not give directions to the board or the designated officer on matters in respect of which the board
is required by law to function independently.
(4) In this article "board" includes any commission, council, p a nel, com m i ttee or ot her sim i l a r bod y, n o
t bei ng a bo dy established by the Constitution, but does not include any ad hoc board set up for the purpose of inquiring into the conduct of any
pu bl ic e m p l oy ee or th e op erat io ns of an y de part m e nt , a g en cy, entity or such other similar body.
Title 2 - Leadership
(2) The Principal Permanent Secretary shall take instructions from the Prime Minister.
(3) The Principal Permanent Secretary may, with the concurrence of the Prime Minister, delegate any of his functions
under this article to one or more Permanent Secretaries or heads of department.
(4) The Principal Permanent Secretary shall:
(a) provide leadership to the public service;
(b) uphold and promote the public administration values and the Code of Ethics, and monitor the compliance of public employees therewith;
(c) take measures to improve the performance of the public service;
(d) assume overall responsibility for human resource management and development within the public service;
(e) take measures to ensure coordination between departments, agencies, government entities and Local Councils and
to ensure that agencies and government entities are complying with the key policy objectives and management priorities of the Government;
(f) provide leadership and direction to Permanent
Secretaries;
(g) set performance targets for Permanent Secretaries and monitor their performance following consultation with the relative Minister;
(h) advise the Prime Minister on matters relating to the public service and the wider public sector, including the appointment
and termination of appointment of Permanent Secretaries and heads of department; and
(i) perform any other function that may be assigned to him by or under any law.
(5) The Principal Permanent Secretary shall assume the headship and supervisory functions of a Permanent Secretary
in relation to the Office of the Prime Minister and the departments, agencies and govern m e nt entities under the Prime Minister
’s responsibility:
Provided that one or more additional Permanent Secretaries may be appointed to assist the Principal Permanent Secretary in acc ordance
with such arrangeme nts as the Prime M i nister may make under article 7(2).
The Principal Permanent Secretary.
Appointment of Principal Permanent Secretary.
14. (1) The Principal Permanent Secretary shall be appointed from amongst persons having the qualifications to be appointed Permanent
Secretaries in terms of the Constitution.
(2) Where the Principal Permanent Secretary is not appointed for any reason whatsoe v er, the Secretary to the Cabinet sha l l
assume the functions of Principal Permanent Secretary until such time as a Principal Permanent Secretary is appointed.
Directives and guidelines issued by the Principal Permanent Secretary in relation to departments of Government.
(2) Public officers shall comply with all applicable directives issued by the Principal Permanent Secretary, and officers who fail
to comply shall be liable to proceedings under the Disciplinary Regulations.
(3) Directives issued by the Principal Permanent Secretary may incorporate guidelines to assist public officers in correctly applying
and observing the directives, and public officers shall accordingly have regard to such guidelines.
(4) Directives and guidelines issued by the Principal Permanent Secr etary m a y app l y fo r a defini te or
an in definit e period and to any or all departments and public officers, according to the nature of the provisions contained therein
or as specified by the Principal Permanent Secretary.
(5) The Principal Permanent Secretary may codify standing directives and guidelines, together with any amendments that he
may m ake thereto from tim e to time, in the form of the Public Service Management Code or other manuals on specific matters which
he may issue for this purpose.
(6) The Prime Minister may give directions to the Principal Permanent Secretary concerni ng the issue , amendment or revocation
of any directives and guidelines.
Committee of Permanent Secretaries.
(2) The Permanent Secretaries shall fulfil their collegiate responsibility for the performance of the public service, facilitate
the realisation of Government policies and ensure the achievement of Government objectives that cut across ministries through the
Committee of Permanent Secretaries.
(3) The meetings of the Committee of Permanent Secretaries shall be convened by the Principal Permanent Secretary as often as he
may deem necessary but at least once every three months.
(4) This article shall apply without prejudice to the individual
responsibility of Permanent Secretaries to their Ministers, and to the Prime Minister through the Principal Permanent Secretary, for
the achievement of Government objectives.
17. (1) Where, in accordance with article 92(2) of the Constituti on, a Pe rmane n t Se cre t ary is char ge d with the supervision of one or more of the departments of Government that are listed
in Part I of the Second Schedule, he shall ensure that each department is:
(a) working towards the timely and effective fulfilment, in conjunction with other government organisations as appropriate,
of his Minister ’s and the Government’s policy objectives;
(b) being managed according to law, the public service values, the Code of Ethics, and applicable policies and directives governing
staff conduct, management and the use of resources; and
(c) operating economically, efficiently and effectively and delivering any services to the public to a satisfactory standard.
(2) A Permanent Secretary shall advise his Minister on all matters pertaining to the departments under his supervision.
(3) A Permanent Secretary may give directions to and set targets for a head of department on any matter in fulfilment of
his duties under subarticle (1), and he shall monitor and assess the head of department’s performance in relation to such directions
and targets:
Supervision of departments by Permanent Secretaries.
Provided that a Permanent Secretary may not give directions to or set targets for a head of departm ent on m at ters
where the head is required by any law to act independently or in accordance with the direction of a person or authority other than
a Minister.
(4) A Permanent Secretary may, with the concurrence of the Prime Minister, exercise his powers of supervision of a department
of government through another public officer of suitable seniority.
(5) A Permanent Secretary shall be answerable to his Minister and, throu gh t h e Principal Permanen t Secretary, to the Prime
Mi ni ster f o r t h e perf or mance of t h e dep a rt ment s un der h i s supervision notwithstanding any arrangements that may
be in effect under subarticle (4).
(6) Where a Permanent Secretary is charged with the supervision of one or more of the departments listed in Part
II of th e Sec o n d Sche du le, th is ar t i cle shall apply subject to the following limitations:
(a) subarticles (1)(a) and (2) shall not apply; and
(b) subarticle (5) shall apply only as may be compatible with paragraph (a).
Duties of heads of department.
of department -
(a) to manage the activities and programmes of the department efficiently, effectively and economically;
(b) to ensure that the department achieves a satisfactory standard in the delivery of any services to the public and the business
community with the least possible bureaucratic processes;
(c) to tender advice to the relative Minister through the Permanent Secretary and to other authorities as appropriate
on matters within the department’s competence;
(d) to establish performance indicators covering the programmes and activities of the department, and to set performance
targets for public officers serving in the department; and
(e) to coordinate the activities of the department with those of other government organisations in the best interests
of efficiency, effectiveness and service quality.
(2) The head of a department that is listed in Part I of the Second Schedule shall answe r t o hi s Mi ni ster th ro
ug h th e Permanent Secretary and shall discharge his duties under subarticle (1) in accordance with their lawful directions.
(3) The head of a department that is listed in Part II of the Second Schedule shall discharge his duties under subarticle (1) in
accordance with the laws governing his department and any special administrative arrangements that may apply thereto.
Senior Executive
Service.
(a) Permanent Secretaries;
(b) heads of the departments listed in the Second
Schedule;
(c) senior public officers within each ministry who have been charged with primary responsibility for any of the following or similar
functions:
(i) the management of corporate services; (ii) policy development;
(iii) the application of indicators of efficiency;
(iv) the co-ordination of European Union affairs; and
(v) information management; and
(d) the holders of such other senior public offices as the
Prime Minister may designate for this purpose.
(2) Officers in a ministry or department who are members of
th e Seni or Ex ecu t i v e S e r v i c e shall co nst itu te th e seni or management team of that ministry or department,
and in relation thereto they shall, without prejudice to the authority of the head of
the department or ministry, be collectively responsible for:
(a) promoting and upholding the public administration values, the Code of Ethics, and applicable policies and directives governing
staff conduct, management and the use of resources;
(b) achieving satisfactory levels of efficiency and quality in the delivery of any public services; and
(c) achieving Government objectives, in coordination as necessary with other units, departments, agencies and government entities.
(3) A member of the Senior Executive Service shall be individually responsible in relation to his area of responsibility
for the matters listed in sub a r ticle (2); and he shall be liable to p r o ceedings under the Disciplinar y Regulati ons i f he
fails to prevent or correct misconduct or neg ligence on the part of his subordinates where he could reasonably have taken steps
to do so.
(4) Offices within the Senior Executive Service may be established, abolished or retitled only by the Prime Minister,
who may prescribe the terms on which appointments to such offices shall be made:
Provided that this subarticle shall not be read as conferring power to change the terms of an officer ’s appointment during the
course of that appointment:
Provided further that an office may be abolished only if any of the conditions listed under article 23(4) applies.
(5) The Prime Minister may delegate his powers under subarticles (1)(d) and (4) to the Principal Permanent Secretary or to oth e r sen i or pu bl ic o fficers in su ch respects, an d u nder such conditions,
as he may prescribe.
Title 3 - Public officers
(2) Such initial assignment or transfer may be made by the Principal Permanent Secretary o r by any other public officer delegated by him for the purpose.
(2) For the purpose of this article, competitive selection on merit means the selection of the candidate best suited for the office on the basis of an assessment of eligible candidates’ individual and relative merits against the requirements of that office.
Public officers’ assignment to and transfer between posts.
Merit principle.
*this article is not yet in force.
Powers of heads of department in relation to employees.
Cap. 12.
Power to create, abolish and classify positions.
22.* Subject to the provisions of the Constitution, articles 181B and 469A of the C od e of Org a nization and Civil Procedu r e, this Act , an d the Pub lic Servi c e Man a gement Code, a head of department sh al l exercise in relat i on to pu blic o fficers in his department all rights, duties and powers of an employer in relation to his employees.
(2) Positions shall be classified, and the terms and conditions of service applicable thereto determined, in accordance with such
directives and guidelines on classification as may be issued by the Principal Pe rm anent Sec r etary with the approva l of the
P r ime Minister.
(3) A head of department may retitle a position in his department and alter the duties attached to it, and if necessary
the position shall be reclassified in accordance with subarticle (2):
Provided that this subarticle shall not be read as conferring power to change the terms of an officer ’s appointment during the
course of that appointment.
(4) A head of department may abolish a position in his department only in the following cases:
(a) where a position has been filled through a contract of service for a fixed term or for the duration of a specified
task, on the conclusion of that term or task; or
(b) if the position is vacant; or
(c) if the position is no longer needed by the department.
(5) No person in any position may be paid a remuneration which is less than that applicable to his grade.
Appointments to positions.
(2) Appointments to positions shall be made in the manner prescribed under articles 110 and 121(1) of the Constitution and in accordance with article 21, and before making an appointment to a position a head of department shall -
(a) advertise the position in such a manner as to allow eligible persons a reasonable opportunity to apply for the position; and
(b) appoint a selection panel to examine applicants and to make recommendations based on the criteria set out in article 21.
(3) Any person appointed to a position in terms of this article
*this article is not yet in force.
shall, for the duration of his appointment, be considered a public officer and shall have all the rights, powers and duties pertaining
thereto under this law and any applicable law, even if he does not hold a grade.
(4) A head of department may make an appointment to a position for a fixed term or for the duration of a specified task.
(5) An appointment for a fixed term may, subject to the provi sio n s of any other l a w, b e ext e n d ed for one further
term without recourse to a fresh call for applications.
(6) The Principal Permanent Secretary may issue directives and guidelines on matters of employment including but not limited to:
(a) the definition of eligibility requirements for positions;
and
(b) the conditions under which heads may make appointments;
s o however that where the tasks that are to be carrie d out a r e intermittent or not on a regular basis, they shall be commissioned
though a contract for service.
(7) The Principal Permanent Secretary shall consult with the Pu bl ic Servi ce Com m i ssi on b e fore issu in g di rec t i v
es and guidelines under this article, and in so far as such directives and gu id elines deal with matters falling with in the scope
of arti cle
110(1) of the Constitution they may o n ly be issued wi th the agreement of the Public Service Commission.
(2) Where a position is filled in terms of subarticle (1), a competitive selection need not be carried out and in this respect article 21 shall not apply to appointments made in accordance with this article.
Filling of positions by lateral appointment.
(a) as a sanction in accordance with the Disciplinary
Regulations; or
(b) at the end of the term for which the appointment to the position was made; or
(c) where the position is abolished.
(2) Where a public officer in a grade has been appointed to a position in accordance with the provisions of this Act, he shall
retain his grade and sh all, on th e expiry or termination of his appointment to the position, be assigned work in his grade, unless
Removal from positions.
*this article is not yet in force.
his appointment to the grade has also been te rminated or he is declared surplus to requirements in terms of article 28.
Grades. 27. (1) The grades to which public officers may be appointed shall be those listed in the Third Schedule.
(2) The Minister responsible for the public administration may, by Order in the Gazette, add new grades to the Third Schedule and
abolish or retitle any of the grades listed therein.
(3) The Minister responsible for the public administration shall, after informing the Public Service Commission, establish
the eligibility requirements for appointments to each grade including, where applicable, rules of progression.
(4) The Minister responsible for the public administration may delegate his powers under this article to the Principal Permanent
Secretary or to other senior public officers in such respects, and under such conditions, as he may prescribe.
(5) Whenever the terms and conditions of a public officer ’s appointment are in conflict with the Third Schedule, such terms
and conditions shall prevail.
(6) Appointments to grades shall be made in the manner prescribed under articles 110 and 121(1) of the Constitution and based on the eligibility requirements prescribed under subarticle (3), and except as ot herw ise prov ided by th e fo rego ing
, in accordance with article 21.
Surplus Pool. 28.* (1) In this article "Surplus Pool" means those public officers who are assigned theret o as pro vid ed by subarti cl e (2) because they are surplus to requirements, that is:
(a) they are not needed in their current posts and cannot be transferred or laterally appointed to other duties within their
respective department; and
(b) they cannot be transferred to another department in terms of article 20.
(2) The Principal Permanent Secretary may by direction in writing assign a public officer who is surplus to requirements
to the Surplus Pool, concurrently -
(a) assigning the said officer such duties in any department as the Principal Permanent Secretary may deem appropriate
in view of the officer ’s skills and abilities; or
(b) assigning such officer for retraining in a specialisation, skill or profession in which the public service
has a shortage of staff.
(3) A public officer in a substantive grade who is assigned to the Surplus Pool shall retain his substantive grade.
(4) An officer who has been retrained to a satisfactory standard in terms of subarticle (2)(b) may be withdrawn from the Surplus
*this article is not yet in force.
Pool and appointed by the Principal Permanent Secretary to a grade or position appropriate to the officer ’s new skills provided
that in the case of such appointments the provisions of article 21 need not be applied.
(5) The duration of the assignment under subarticle (2) shall be determined by the Principal Permanent Secretary.
29.* Articles 21 to 26 inclusive and 28 shall have effect subject to there being an instrument of delegation in force under article 110
of the Constitution, and they shall cease to have effect to the extent that such delegation is withdrawn, suspended or derogated from by amendment, until
such time as the instrument is restored.
30.* Once the relative articles are brought into force in terms of art i c le 1( 2 ) , th e Pu bl ic Ser v i ce Commission shall, acting
in accordance with article 121(1) of the Constitution, extend to the public service any or all of the provisions of articles 33 and 34, assumi ng d i rectly i n r e sp ect o f the public
service the powers therein assigned to the Merit Protection Commission:
Provided that the restrictions applying to the Merit Protection Commission concerning matters under the jurisdiction
of the In du strial Tribunal shall not appl y to the Publ ic Service Commission acti ng in relati on to the public service and
public officers.
Applicability of certain provisions in terms of the Constitution.
Extension to the public service of powers assigned to the Merit Protection Commission.
(2) Where the Public Service Commission finds that a public officer has been victimised as aforesaid in a manner that it is unable
to prevent or redress, it shall make a report to the Prime Minister or to other authorities recommending such measures to redress
the situation as it considers appropriate.
PART III
MERIT PROTECTION COMMISSION, AGENCIES AND GOVERNMENT ENTITIES
Title 1 - The Merit Protection Commission
Commission shall be:
(a) to audit the appointment of employees of government agencies and government entities to verify that these
Recommendation on victimisation.
Public Service Commission to act as Merit Protection Commission.
Functions of the
Commission.
*this article is not yet in force.
Cap. 452.
Powers of investigation and remedy.
are made in accordance with article 21;
(b) to monitor and suggest amendments to directives and guidelines on employment matters issued by the Principal Permanent
Secretary in relation to agencies and government entities, as well as the application of such directives and guidelines; and
(c) unless otherwise catered for in the legislation, Order or instrument setting up the government entity, agency, board or commission
or any other similar organisation or body, to inquire into reports that the directives issued by the Principal Permanent
Secretary have not been adhered to.
(2) In performing its functions in virtue of subarticle (1)(a) the C ommission shall operat e through after- the-e vent scrutiny a nd shall not subject any agency or go ver n m e nt en ti
t y to an y requirement to obtain the Commission’s clearance or approval in advance of making appointments or taking decisions,
except as a temporary measure in cases where the Commission -
(a) finds that the provisions of this Act have been, or are likely to be, breached; and
(b) is of the view that such a measure is necessary to prevent further breaches of this Act until such time as the Commission
is able to conclude any investigations and take corrective measures.
(3) The Commission shall not hear and investigate complaints on matters which are assigned exclusively by any other law to any
other body or to the jurisdiction of the Industrial Tribunal referred to in the Employment and Industrial Relations Act, and if any such comp lai n t s are made t o th e Com missi on i t shall r e fer th e complainants to the Tribunal; but in relation
to such matters the Commission may -
(a) on its own initiative inquire into and investigate any cases with respect to which no formal complaints have been raised; and
(b) follow up a decision or award of the Industrial Tribunal with a view to taking additional remedial action under
paragraph of subarticle of article 34(4)(c) and (5).
(4) The Commission shall regulate its own procedure in the discharge of its functions under this Act.
Commission may:
(a) carry out such inspections and investigations as it may deem necessary;
(b) summon any person to appear before it and give evidence on oath;
*this article is not yet in force.
(c) request in writing the production of information, documents or files in the custody of any public employee for
the purpose of examining the same or making copies thereof; and
(d) enter the premises of any agency or government entity, subject to compliance with any legal requirements placed by any
law on the police for the same purposes.
(2) Article 6 of the Inquiries Act shall apply to the investigations undertaken by the Commission and any summons or requests it may make in pursuit thereof.
(3) Without prejudice to subarticles (4) and (5), the Commission’s findings may be used in evidence in any
civil cause that may be filed by the injured party but, notwithstanding any other law, the members of the Commission cannot be
called to give evidence.
(4) The Commission shall make a report to the Prime Minister following every investigation under this Act, and where it finds
that an employment decision has been made otherwise than in conformity with the provisions of this Act it shall:
(a) annul the decision in question;
(b) issue such directives as it may consider necessary to redress the situation; and
(c) recommend the taking of such disciplinary or criminal action as it may consider appropriate in the circumstances.
(5) Without prejudice to any disciplinary or criminal action that may be taken in accordance with subarticle (4)(c), where an employee of a government agency or government entity has made an employment decision that is n o t in co nf or mi ty
wit h t h e provisions of this Act the Commission may remove the employee from h is p osi tio n and /or i nt erd ict hi m from appo
in tm ent o r re- appointment for a maximum period of five years.
(6) Notwithstanding the provisions of any other law, the decisions taken and directives issued by the Commission under
su bart icles (4 )( a ) and ( b ) and (5) shall be bi ndi ng o n th e organisation to which they apply, and the board of directors or head of t h e or gani sati
on as app l i cable sha ll ensure that the Commission’s decisions and directives are complied with.
(7) The Commission shall, as soon as possible after the conclusion of each year of its activity, make an annual report
to the Prime Minister about its workings during the said year, and the Prime Minister shall, as soon as possible after he has received
the said report, lay it on the Table of the House of Representatives.
Cap. 273.
Application of this
Title.
*this article is not yet in force.
Establishment of agencies.
Title 2 - Agencies
(2) An Order establishing an agency under this Act shall serve as the basic charter governing the agency’s operations and it
shall:
(a) set out the functions and duties of the agency; (b) specify which Minister is responsible therefor;
(c) prescribe the financial arrangements applying to the agency in accordance with article 41;
(d) set out any other special arrangements applying to the agency; and
(e) amend the Fourth Schedule.
(3) All government agencies established in accordance with subarticle (1) shall be listed in the Fourth Schedule together
with an indicative summary of their functions.
(4) The Prime Minister may by Order in the Gazette:
(a) abolish an agency established by Order under this Act and listed in the Fourth Schedule; or
(b) amend the functions and duties thereof as well as amend any other matter provided for in subarticle (2):
Provided that any such Order shall provide for the necessary amendments to the Fourth Schedule.
Legal personality and judicial representation of agencies.
(2) The legal and judicial representation of an agency shall lie in its Chief Executive Officer or such other officer of the agency
as the Minister responsible for it may from time to time appoint by notice in the Gazette:
Cap. 12. Provided that for the purposes of article 181B of the Code of Organization and Civil Procedure, where such other officer is duly designated, any reference to the Chief Executive Officer in a judicia l action or act shall auto
matically apply to the officer so designated.
Directives and guidelines issued by the Principal Permanent Secretary in relation to agencies.
(a) ensure that agencies coordinate their activities with other agencies, departments, government entities and Local Councils
as applicable;
(b) put into effect measures to improve the performance of agencies and the quality of the services they deliver to the public;
(c) provide for matters relating to employment, including: (i) the redeployment of staff to, from or between
agencies; and
(ii) the application of the merit principle and the establishment of safeguards in relation thereto;
(d) establish mechanisms for staff classification and the determination of pay levels; and
(e) put into effect such other policy objectives and management priorities as the Government may from time to time set
out.
(2) Chief Executive Officers and employees of government agencies shall comply with all applicable directives issued by the
Principal Pe rmane n t Se cr etary, and failure to comply shall be grou nds fo r di scip li nary procee din g s un der an y app
l i cabl e procedures.
(3) The Principal Permanent Secretary shall seek to frame his d i rectiv es in the best in terests of t h e con s u m er and in
such a manner as to impose the least possible administrative burden on agencies consonan t with the achi e vement of Government
objectives, bearing in mind any directives issued in virtue of article
72 of the Financial Administration and Audit Act.
(4) Article 15(3) to (6) shall apply mutatis mutandis to the directives issued by the Principal Permanent Secretary under this article.
(2) Save as aforementioned, where an agency is subject to s u p e rvi s i on by a Perma n en t Sec r e t ary art i cl e 1 7 , e x ce pt for subarticle (6) thereof, and article 18 shall apply to the agency and its Chief Executive Officer in the same manner as to departments and their heads.
Cap. 174.
General direction and control of agencies by Ministers and supervision by Permanent Secretaries.
(2) An agency performance agreement shall cover a period of one year to three years and shall be renewable in accordance with such directives and guidelines as the Principal Permanent Secretary may issue g overnin g t h e d e velo pmen t o f agency performan c e agreements.
Agency performance agreements.
Accounts, audit and other financial arrangements.
Cap. 174.
41. (1) The Prime Minister shall, in consultation with the Minister responsible for finance, decide on the manner in which an
agency should be financed and whether and to wh at extent the provisions of the Financial Admi nistration and Audit Act shall apply to the agency.
(2) The following provisions shall apply:
(a) heads of agency shall keep proper books of accounts in such a manner as the Minister responsible for finance may from time to
time direct;
(b) such accounts shall be subject to audit by an auditor appointed for the purpose by the head of each agency with the concurrence
of the Minister responsible for finance and shall moreover be subject to scrutiny by the Financial Management Monitoring Unit,
and audit by the Internal Audit and Investigations Directorate and the Auditor General as the case may be;
(c) not later than six weeks after the end of each financial year, the head of each agency shall present to his Minister
through the relative Permanent Secretary an audited statement of accounts together with a report on the workings of the agency
which shall state the manner in which the agency has operated to fulfil its functions and its plans for the future; and
(d) this report shall be laid before the House by the Minister responsible for the agency not later than six weeks after
its receipt or, where the House is not in session, not later than the second week after the House resumes its sittings.
Advisory boards. 42. (1) The Minister responsible for an agency may establish a n a d visory board to a ssist th e Chi e f Executive Officer i n the discharge of his duties.
(2) An advisory board established under this article shall be chaired by the Chief Executive Officer and shall consist of not
less th an two and n o t mo re than four m e m b ers appoint ed by the Minister responsible for the agency.
(3) The remuneration paid to members of an agency advisory board shall be in accordance with any directives and guidelines issued
by the Principal Permanent Secretary in relation thereto.
Detailing of public officers with an agency.
Pension rights and other arrangements.
Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service
pensions, no account shall be taken of any allowa nces, bonuses or gratuities paid to such officer by the agency in excess of what
he is entitled to as a public officer:
Provided further that during the time in respect of which he is so detai l ed t o p e rf or m d u ti es wi th the ag ency his term
s and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during
the period aforesaid. Such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical
or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister such
terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.
(2) (a) For the purposes of calculating pensionable emoluments, posts and salary grades with an agency shall be classified
in the most nearly corresponding grades and incremental level s in the services of the Government of Malta by reference to job
descriptions, 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 Minister responsible for the agency and one appointed by the agency. 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 the salaries of employees in Government
service or of employees of the agency.
(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of 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 article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification.
(f) Without prejudice to any other law, where on the date of the coming into force of this Act, arrangements which should
have been made with respect to public officers that have been detailed in terms of any applicable law have not been
finalised, the Prime Minister may issue regulations with the purpose of resolving any administrative difficulties that
may have arisen between the time that a public officer has been detailed.
Cap. 93.
Application of this
Title.
Application of certain articles of this Act and of other laws.
Supervision of government entities by Permanent Secretaries.
Title 3 - Government entities, boards and commissions
(2) A Permanent Secretary who is supervising a government entity in terms of subarticle (1) shall ascertain that it is -
(a) working towards the timely and effective fulfilment, in conjunction with other government entities as appropriate,
of the Minister ’s and the Government’s policy objectives;
(b) being managed according to law, the public administration values, the Code of Ethics, and applicable
policies and directives governing staff conduct, management and the use of resources; and
(c) operating economically, efficiently and effectively and delivering any services to the public to a satisfactory standard.
(3) In fulfilment of his duties under subarticle (2), a Permanent Secretary may, in consultation with the relative Minister, establish
targets for the entity and require any information except where this is precluded by law.
(4) A Permanent Secretary shall report to his Minister on the performance of the government entities under his supervision.
Supervision of boards and commissions.
(2) The provisions of article 47 shall mutatis mutandis also apply with respect to boards and commissions.
(3) The directives and guidelines mentioned in subarticle (1) and th e superv ision ref e rred to in su bart icle ( 2 ) sh all
ap ply to administrative and day-to-day affairs of boards and commissions without prejudice to the rights and duties of the said
boards and commissions to carry out those functions or roles for which they are set up.
(4) In this article, "boards and commissions" includes any council, committee, panel or similar body not already
catered for by this Act and in any case shall not apply to any commission or authority established by the Constitution.
PART IV
MISCELLANEOUS
(a) the better management and administration of the public service, government agencies and government entities;
(b) the manner in which the accounts and records of government agencies and government entities are to be kept;
(c) the manner in which goods and services are to be procured by any or all government agencies or government
entities, and the procedures to be adopted in connection therewith;
(d) the sanctions that may be applicable in case of breaches of the Code of Ethics;
(e) the manner in which public officers shall be detailed, released, deployed, attached or seconded with agencies and government
entities, and the rights accruing to such officers, so however that the Prime Minister may, without prejudice to any vested
rights, also issue regulations with a view to resolving any matter outstanding as at the time of the coming into
force of this Act; and
(f) the recruitment in public administration of nationals of member states of the European Union other than Malta and nationals of
other countries enjoying similar rights in relation to the free movement of workers:
Provided that posts involving the exercise of public authority and the safeguarding of the general interests of the State, and particularly
those listed herein, may be reserved for Maltese nationals:
(i) posts in the Office of the President, the House of Representatives, the Prime Minister ’s and Ministers’ Secretariats,
the Cabinet Office, and the offices of the Principal Permanent Secretary and of Permanent Secretaries;
(ii) the Judiciary, posts involving the preparation of expert advice in the field of prosecution of offences or lawmaking,
and posts entailing responsibility for advisory constitutional bodies;
(iii) posts involving the sovereignty of the State, including diplomatic and foreign representation;
Power to make regulations.
(iv) posts in the Office of the Prime Minister and the Ministries of Finance, Justice, Home Affairs and Foreign Affairs;
(v) posts within departments charged with the protection of the economic interests of the State, including tax authorities;
(vi) positions in the Senior Executive Service;
(vii) posts in the disciplined forces and offices responsible for defence matters; and
(viii) posts in the security services and in the field of civil protection and defence.
FIRST SCHEDULE CODE OF ETHICS (Article 5)
1. This Code of Ethics is adopted within a framework of principles which are fundamental to the ethos governing behaviour. These
have been identified as public t r ust; serv ing the publ ic and the business commun ity; respon sib ility to t h e Government of
the day; productivity and flexibility; and public employees’ rights.
2. The public has a right to expect that public sector organisations and their employees are of the highest integrity and competence
and serve all citizens fairly, reasonably, equitably and efficiently.
3. Public employees shall provide impartial and accurate advice to the Government of the day and shall implement its
policies promptly, efficiently and effectively.
4. The public and the business community have a right to expect that public employees will seek to meet their legitimate needs
promptly and courteously.
5. The nation expects public employees to be committed to a constant quest for innovation, improved productivity, and the simplification
of procedures, so as to contribute to national economic growth and competitiveness.
6. Public employees shall make full use of information and communication technology as an essential tool in the improvement of
public administration and the delivery of better services, and they shall ensure that they possess the necessary skills to this end.
7. Public employees’ rights are all the rights of employees, within the provisions of legislation and regulations.
8. A conflict of interest may be defined as a situation in which a public employee has a private or personal interest
sufficient to influence or appear to influence the objective exercise of his or her official duties.
9. Public employees shall avoid any financial or other interest or undertaking that could directly or indirectly compromise the
performance of their duties.
10. In many cases only the individual employee will be aware of the potential for conflict. Therefore, the onus is on the employee
to disclose to his or her senior if a potential or actual conflict of interest arises.
11. This includes the notification of all relevant personal, financial, business or other interests, in particular:
(a) any directorship, partnership, agency or any shareholding;
(b) any interest in any activity or business in which or with which the organisation is engaged;
(c) any interest in goods or services recommended or supplied to the organisation.
12. Public employees shall notify the head of the organisation in writing within a week whenever any of the above interests arise
namely, upon assuming office, change in duties or due to a change in circumstances.
13. No public employee or any member of his household shall accept gifts or services such as might be deemed to create an obligation,
real or imagined.
14. A gift can be interpreted as an inducement or a reward simply because of its intrinsic value and therefore only token gifts
may be accepted.
15. Public employees shall perform any duties associated with their positions diligently, impartially and conscientiously, to the
best of their ability.
16. In the performance of their duties, public employees shall:
(a) keep up to date with advances and changes in their area of expertise; (b) comply with any relevant legislative or administrative requirements;
(c) treat members of the public and other staff members with courtesy and sensitivity to their rights;
(d) provide all necessary and appropriate assistance to members of the public;
(e) maintain adequate documentation to support any decisions made;
(f) strive to obtain value for public money spent and avoid waste and extravagance in the use of public resources;
(g) not take or seek to take improper advantage of any official information gained in the course of employment;
(h) not wilfully supply incorrect or misleading information; (i) not indulge in favouritism or nepotism.
17. At all times the behaviour of a public employee shall be in such a way as not to discredit his or her position and not to reflect
adversely on the public service.
18. Public employees shall be expected to give full support to the Government of th e day reg a rdl e ss of wh ic h po li ti cal
part y or part ies are in o f fi ce. Wh en implementing Government policy, public employees’ own values and beliefs shall not take
precedence over those explicit or implicit in Government policy.
19. Public employees shall not harass or discriminate in work practices on the ground of sex, marital status, pregnancy, age, race,
colour, nationality, physical or in tel l ectual imp airment, sexual prefer ence, o r religio us, polit ical o r oth e r convictions
/ allegiances when dealing with their colleagues and members of the public.
20. Public employees have a duty to report to a senior employee any unethical behaviour or wrongdoing by any other public employee
during the course of his or her duties.
21. Issues or cases being considered by public employees shall be dealt with consistently, promptly and fairly. This involves dealing
with matters in accordance with approved procedures, without discrimi nati on on any gr ounds. There is an obligation to treat each
issue reasonably and with a view to meeting the principles of natural justice.
22. When using any discretionary powers public employees shall ensure that they take all relevant facts into consideration and
have regard to the particular merits of each case.
23. A public employee shall only disclose official information or documents acquired in the course of his or her employment when
required to do so by law, in th e course of duty, or when proper aut hority has been given. In such cases, comments made by public
employees shall be confined to factual information and shall not express opinion on official policy or practice.
24. A public employee as defined in article 2 of the Public Administration Act shall not accept employment in the private sector
if he will be placed in a position to make use of "insider information" if such information came to his knowledge as a
direct result of his public employment.
25. It is expected that public employees shall:
(a) be efficient and economical in the use and management of public resources;
(b) be scrupulous in their use of public property and services and not permit their abuse by others.
26. Official facilities and equipment shall not be used for private purposes unless prior official permission has been
given.
27. The prior approval of the Permanent Secretary of the Ministry concerned or the Chairperson/Chief Executive Officer is required
before public employees may engage in any form of business or employment outside their official duties.
28. In all cases when outside employment is considered, public employees shall give their public sector employment first consideration
and avoid situations which could give rise to, or the appearance of, a conflict of interest. In particular, they must consider whether
the company or organisation concerned is in, or entering into, a contractual relationship with the Government, whether its primary
purpose is to lobby government organisations or members of Parliament, or whether it is in a regulatory relationship with the organisation.
29. Former public employees shall ensure that they do not accept employment or engage in activities which may cast doubts on their
own integrity or that of the organisation in which they were previous ly employed or of th e Public Servic e generally.
30. It is of the greatest importance that public confidence in the impartiality of the public administration shall not be impaired
in any way. Public employees need to ensure that their participation in political activities does not bring them into conflict with
their primary duty to serve the Government of the day. This is important in order to maintain ministerial and public trust in the
impartiality of the advice given, and actions taken, by public employees.
31. Likewise public employees need to ensure that the spirit of paragraph 30 her eof is respected wh enever t hey ar e asked to
m ake a public comm en t. Public comment includes public speaking engagements, comments on radio and television and expressing views
in letters to the newspapers or in books, journals or notices or where it might be expected that the publication or circulation of
the comment will spread to the community at large.
32. Determining what is appropriate in any particular case will depend on the
extent of the participation of the individual, the nature of the issue, the position held by the individual and existing regulations
within the organisation concerned.
33. If a public employee becomes aware that a potential conflict, whether real or apparent, has arisen or is likely to arise, the
public employee shall immediately inform the head of his or her organisation.
34. If a conflict of interest does arise, the public employee may have to stop participating in political activity or withdraw
from areas of his or her duties giving rise to the conflict of interest.
35. Sanctions may be applied if public employees are involved in breaches of this Code of Ethics.
36. The sanctions applied shall depend on the seriousness and nature of the breaches and may entail formal disciplinary and, or
criminal action as applicable.
37. Whenever appropriate, counselling by a supervisor or member of senior staff may also be given.
SECOND SCHEDULE Substituted by: L.N. 194 of 2010;
DEPARTMENTS
(Article 8)
L.N. 487 of 2010. Amended by:
VI. 2011.152.
In each part of this Schedule departments are listed in alphabetical order according to the functional element of their title (Social
Security rather than Department of Social Security).
Part I
Departments other than those not subject to ministerial control
Department | Head of department | Other offices with statutory powers | Equivalent title at law (article 10) | Function of the department |
Agriculture and | Director General | To regulate the fishing | ||
Fisheries Regulation | (Agriculture and | industry and contribute |
Department
Fisheries
Regulation)
Director
to the conservation of
fish stocks; to regulate
plants and agricultural
products; to regulate
(Veterinary
Regulation)
Veterinary Services
Director of
Veterinary Services
animal welfare; and to safeguard public health through assurance of
Director
(Fisheries
Control)
Director (Plant
Health)
Dir e ctor of livestock health
Fisheries
Director
responsible for
fisheries
Director Plant
Health Department
Director of the
Department
responsible for
plant health
Benefit Fraud and
Investigation
Department
Director (Benefit Fraud and Investigation)
Director
responsible for the
Benefit Fraud and
Investigation
Directorate
To investigate fraud by individuals receiving benefits and allowances payable under the Social Security Act
Cabinet Office Secretary to
Cabinet
To support the workings of Cabinet
Citizenship and Expatriate Affairs Department
Department of Civil
Protection
Cleansing and
Maintenance
Department
Director (Citizenship and Expatriate Affairs)
Director (Civil
Protection)
Director General (Cleansing and Maintenance)
Director of Civil
Protection
To administer the
provisions of the law on
Maltese citizenship,
and to issue residence
permits
To provide fire-fighting and rescue services and take protective action against natural,
industrial and other emergencies
To provide ancillary building projects services, manufacturing services, public cleansing services and a regulatory framework
for the building construction industry
Department | Head of department | Other offices with statutory powers | Equivalent title at law (article 10) | Function of the department |
Commerce | Director General | Comptroller of | To monitor and provide | |
Department | (Commerce) | Industrial Property | assistance to small |
Director of Trade
enterprises and craft industries, and to
Director of Industry regulate intellectual property and trade
Department of
Contracts
Correctional Services
Department
Courts of Justice
Department
Director General
(Contracts)
Director
(Correctional
Services)
Director General
(Courts)
Director (Civil
Courts and
Civil
Tribunals,
Malta)
Director (Criminal Courts and Criminal Tribunals, Malta)
Director (Gozo Courts and Tribunals)
Head of the Department of Contracts
Director of Correctional Services
Director of
Probation Services
Director, Civil
Courts and
Tribunals
Registrar, Civil
Courts and
Tribunals
Director, Criminal
Courts and
Tribunals
Registrar, Criminal
Courts and
Tribunals
Director, Gozo
Courts and
Tribunals
Registrar, Gozo
Courts and
Tribunals
To regulate, monitor, manage and approve contracts issued by
Government
Departments
To securely detain offenders while providing rehabilitation services to help them reintegrate into society
To support and facilitate the
administration of
justice
Customs Department Director General
(Customs)
Comptroller of
Customs
To collect customs and excise duties and curb illegal imports while facilitating trade
Economic Policy
Department
Examinations
Department
Government Property
Department
Department of Industrial and Employment Relations
Director General
(Economic
Policy)
Director
(Examinations)
Director General (Government Property)
Director (Industrial and Employment Relations)
Director
(Land)
Registrar of
Examinations
Commissioner of
Land
Director
responsible for
employment and
industrial relations
Registrar of Trade
Unions
To provide expert advice and assistance to Government in the formulation of economic policy and
the management of economic activity
To administer local and overseas examinations
To promote the effective and profitable use of government
owned immovable property
To protect the interests of parties in
employment contracts and to contribute towards stable
industrial relations
Department Head of department
Other offices with statutory powers
Equivalent title at law (article 10)
Function of the department
Department of
Information
Director General (Information, Local Government and Public Consultation)
Press Registrar To provide the public with up-to-date,
comprehensive and meaningful information on Government
policies, services and activities, and on matters which may be
of public interest
Inland Revenue
Department
Land and Public
Registry
Director General
(Inland Revenue)
Director General (Land and Public Registry)
Director (Land
Registry)
Commissioner of
Inland Revenue
Land Registrar
To administer fiscal legislation in relation to income and other taxes
To cater for property registration and
hypothecation, civil status registration, the
registration of notarial
deeds and other judicial
Director (Public Registry)
Director
(Passport and
Civil
Registration)
Director of the
Public Registry
Marriage Registrar
Passport Officer
acts, and related matters including the issue of passports
Libraries Department Director
(Libraries)
Librarian To ensure the collection and conservation of
Malta’s documentary heritage, and to provide library material for
education, information, research and leisure
purposes
Local Government
Department
Office of the Notary to Government
Director (Local
Government)
Chief Notary to Government and Keeper of
Notarial Archives
Director
responsible for
Local Councils
To support and monitor the activities of Local Councils
To prepare, draft and
publish notarial deeds
to which the
government is a party
and to conserve notarial
acts according to law
Malta Police Force Commissioner of
Police
Principal
Immigration
Officer
To preserve peace and order, to detect and
investigate offences,
and to prosecute
offenders; to control
immigration into Malta
Centre for Development Research and Training
Government Printing
Press
Project Design and
Implementation
Department
Chief Executive Officer, Centre for Development Research and
Training
Director (Printing
Press)
Director General
(Project Design
and
Implementation)
Director of Public
Works
Superintendent of
Public Works
To carry out research on issues of public policy and administration and to develop the skills and abilities of public
officers through training
To print Government documents
To design, plan and carry out public infrastructure works and projects
Public Administration HR Office
Public Health Regulation Department
Rural Development and Aquaculture Department
Department of Social
Security
Social Welfare Standards Department
department
Director General (Public Administration HR Office)
Director General
(Public Health
Regulation)
Director General (Rural Development and Aquaculture)
Director General
(Social Security)
Director (Social Welfare Standards)
with statutory powers
Director
(Agriculture)
law (article 10)
Chief Government
Medical Officer
Superintendent of
Public Health
Director of
Agriculture
Director of the Department responsible for social welfare
department
To provide a framework that enables ministries
and departments to manage their human
resources in the most effective manner
To regulate the provision of health care by both public and private sector providers
To promote and
develop farming and
regulate the upkeep of
public gardens; to
promote and develop
aquaculture
To administer the social security (contributory
and non-contributory)
scheme and provide
timely financial
assistance and other
social benefits,
pensions and
allowances to eligible
applicants
To regulate the welfare sector and ensure that the providers of social welfare services comply with set standards
Tax Compliance Unit Head (Tax
Compliance Unit)
Treasury Director General
(Treasury)
To curb tax evasion
Accountant General To implement a standard accounting system throughout
Government
departments, and to
supervise, monitor and
report on all
Government financial
transactions
VAT Department Director General
(VAT)
Commissioner of
Value Added Tax
Director of
Customs and Excise
Tax
To ensure that all persons performing an economic activity against a consideration duly register under the VAT Act, and collect dues
Part II
Departments not subject to ministerial control
Department Head of department
Other offices with statutory powers
Equivalent title at law (article 10)
Function
Office of the Clerk to the House
Clerk to the House of Representatives
Clerk of the House of Representatives
To provide
administrative support
to the House of
Representatives
Electoral Office Chief Electoral
Commissioner
To support the Electoral
Commission in the
exercise of its functions
Internal Audit and
Investigations
Department
Director General
(Internal Audit
and
Investigations)
Director, Internal
Audit and
Investigations
Directorate
To conduct internal audits and investigations under the Internal Audit and Financial Investigations Act
Office of the
President
Secretary to the
Presidency
- To support the President in the fulfilment of his constitutional duties
Office of the Public
Service Commission
Executive Secretary, Public Service
Commission
- Executive Secretary to the Commission
To support the Public Service Commission in the exercise of its
functions
GRADES (Article 27)
Attorney General Principal Information Officer
Officer in Grade 1 Principal Medical Officer
Principal Veterinary Officer
Commissioner of Police Senior Clerk Assistant
Officer in Grade 2 Senior Counsel
Senior Registrar
Ambassador Superintendent of Police
Deputy Attorney General
Deputy Commissioner of Police Salary Scale 6
Director (Clinical) Clerk Assistant
Officer in Grade 3 Counsel
Education Officer
Assistant Attorney General Head of Building & Restoration
Assistant Commissioner of Police Head of School
Chief Electoral Commissioner Head of Trade School
Chief Notary to Government Internal Audit Manager
Consultant Manager, Dental Hygiene Services
Officer in Grade 4 Manager, Dental Technology Services
Senior Counsellor M anager, Medical Laborator y Te chnology
Services
Assistant Director of Education Manager, Nursing Services
Assistant Director, Pharmaceutical Services Manager, Occupational Therapy Services
Assistant Registrar Manager, Office of Co-operatives Chief Architect & Civil Engineer Manager, Physiotherapy Services Chief Curator Manager, Podology Services
Chief Economics Officer Manager, Radiography Services (Diagnostic) Chief Engineer Manager, Radiography Services (Therapeutic) Chief Inspector of Customs Manager, Speech Therapy Services
Chief Psychologist Principal Economics Officer
Chief Quantity Surveyor Principal Environment Officer
Chief Scientific Officer Principal Health Promotion Officer
Deputy Director, Dept of Civil Protection Principal Inspector (Health & Safety) Deputy Director, Institute of Tourism Studies Principal Pharmacist
First Counsellor Principal Probation Officer
Librarian Principal Public Cleansing Officer
Manager, Health Inspectorate Principal Scientific Officer
Officer in Grade 5 Principal Social Worker
Principal Trading Standards Officer Midwifery Officer
Registrar Nursing Officer
Senior Architect & Civil Engineer Principal Health Inspector
Senior Engineer Principal Paramedic
Senior Legal Officer Psychologist
Senior Medical Officer Senior Assistant Librarian
Senior Psychologist Senior Co-Operatives Officer
Senior Quantity Surveyor Senior Economics Officer
Senior Veterinary Officer Senior Environment Inspector
Senior Health Promotion Officer
Assistant Head of School Senior Inspector (Health & Safety) Assistant Head of Trade School Senior Probation Officer
Chief Assistance and Rescue Officer Senior Scientific Officer
Chief Printer Senior Social Worker
Counsellor Senior Statistics and Research Officer
Curator Senior Trading Standards Officer
Departmental Midwifery Officer Veterinary Officer
Departmental Nursing Manager
Head, Care Centre Salary Scale 9
Medical Officer (GP) Assistant Chief Printer
Operations Manager Assistant Principal Health Inspector
Principal Agricultural Officer Assistant Principal Paramedic
Principal, Agricultural College Cultural Organiser
Principal Veterinary Support Officer Deputy Midwifery Officer
School Counsellor Deputy Nursing Officer
Senior Information Officer Disablement Resettlement Officer
Senior Inspector of Customs Engineer
Senior Internal Auditor First Secretary
Senior Notary House Surgeon (Dentistry) Senior Pharmacist Houseman
Senior Principal Inspector of Customs
Senior Systems Analyst (IT) Instructor
Subject Co-ordinator Junior Architect & Civil Engineer
Trade/Subject Co-ordinator Junior Legal Officer
Trade/School Counsellor Junior Veterinary Officer
Manager, Security Services
Architect & Civil Engineer Notary to Government (Gozo) Dental Surgeon Officer i/c Operations (IT)
Inspector of Police Operations Officer
Internal Auditor II Pharmacist
Legal Officer Principal Agricultural Foreman
Medical Officer Principal ECG Technician
Meteorological Officer Principal Pharmacy Technician
Principal Technical Officer Inspector (Printing Press)
Public Cleansing Officer Leading Assistance and Rescue Officer
Public Relations Officer Main Inspector
Quantity Surveyor Officer in Grade 11
Senior Agricultural Officer Photographer in Charge Senior Consul Principal Security Officer Senior Legal Procurator Programmer II (IT)
Senior Veterinary Support Officer Senior Agricultural Foreman Station Officer Senior Correctional Officer Sports Officer I Senior ECG Technician
Systems Analyst (IT) Senior Fisheries Officer
Teacher Senior Foreman
Senior Marshal
Advocate for Legal Aid Senior Pharmacy Technician
Assistant Curator Senior Public Cleansing Foreman
Assistant Head, Care Centre Senior Technical Officer
Assistant Librarian Sergeant
Chief Marshal
Committee Clerk Salary Scale 12
Co-operatives Officer Agricultural Foreman
Economics Officer Agricultural Officer
Environment Officer Chief Weigher
Health Promotion Officer Consul
Information Officer Customs Officer
Internal Auditor I Environment Inspector
Junior Engineer Facilitator
Legal Procurator Foreman
Principal Health Inspector
Principal Fisheries Officer Inspector (Health & Safety) Scientific Officer Library Officer
Second Secretary Midwife
Senior Health Inspector Museums Officer
Senior Paramedic Paramedic
Sergeant Major Probation Officer
Social Worker Public Cleansing Foreman
Statistician Quantity Surveyor ’s Assistant
Statistics and Research Officer Senior Care Worker
Trading Standards Officer Senior Printer
Senior Restorer
Assistant Principal Technical Officer
Assistant Cultural Organiser Trainee Internal Auditor
Court Recorder in Charge Veterinary Support Officer
Duty Management Officer
Assistant Agricultural Foreman Airfield Operator
Assistant Foreman Airport Attendant
Assistant Technical Officer Airport Office Despatcher
Communications Officer Care Worker
Computer Operator (IT) Chaplain
ECG Technician Clerk
Enrolled Nurse Communicator
Instructor of Braille Custodian and Guide
Mail Officer Customs Assistant
Marshal Guard
Meteorological Assistant Health Assistant
Officer i/c Minor Staff Postperson
Pharmacy Technician Printer
Security Officer Security Guard
Senior Photographer Supervisor
Senior Weigher Tradesman
Warden (Environment)
Assistance and Rescue Officer
Assistant Veterinary Support Officer Other Industrial Grades
Constable Armourer
Correctional Officer Art/Graphic Technician
Executive Officer Bookbinder
Fisheries Officer Butcher
Library Assistant Ceramist
Officer in Grade 14 Construction Diver
Restorer Cook
Senior Clerk Equipment Cover Manufacturer
Senior Customs Assistant Farmer
Senior Postperson Gardener
Senior Technician Hallmarker of Gold and Silver Articles
Senior Tradesman Hospital Orderly
Social Support Worker Jeweller
Marbler
Kindergarten Assistant Postmortem and Mortuary Attendant
Nursing Aide Repairer of Records
Paramedic Aide Rigger
Photographer Silversmith Senior Court Recorder Timekeeper Senior Messenger
Technician Salary Scale 17
Usher Assistant Care worker
Court Messenger
Court Recorder
Barber/Hairdresser
Heavy Plant Driver
Laboratory Operator
Seamstress
Senior Operative
Vulcaniser
Messenger
Ward Clerical Assistant
Industrial Grades Group III
Boiler Attendant
Customs Auxiliary Dairy Operative II Deliveryman
Fuel Pump Attendant
Grave Digger
Library Attendant
Lighthouse Keeper
Motor Transport Driver
Operational Support Worker
Operative
Porter
Runway Painter Quarryman Stamper
Industrial Grades Group II
General Hand
Health Attendant (Public Cleansing) Hospital Auxiliary
Seaman II Warden
Industrial Grades Group I
Charwoman
Health Attendant (Public Convenience) Labourer
Labourer (ex-Impressed Driver) Watchman
FOURTH SCHEDULE Amended by:
L.N. 522 of 2010;
AGENCIES
(Article 36)
L.N. 479 of 2011.
Management Efficiency Unit To s u p p o r t public sector change initiatives through the provision of consultancy advice
Office of the Attorney General To support the Attorney General in his role as chief leg a l adviser t o th e Gov e rn men
t and chief prosecuting officer
Aġenzija Żgħażagħ To mainstream Youth Policy and to replace the existing You t h Secti on in providin
g Y outh Services by Government
Public Administration - Human
Resource Development Unit
To achieve the retraining and re-skilling needs of public employees
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