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Maltese Laws |
SPORTS ACT
To encourage and promote sport, to provide for the establishment of a national sport council to exercise the functions relating to sport currently vested in the Department of Youth and Sport and the Kunsill Malti għall-Isport, to provide for the registration of sport organisations, and to establish dispute resolution structures.
27th January, 2003;
3rd April, 2009
ACT XXVI of 2002, as amended by Act XXXII of 2007 and Legal Notice 427 of 2007.
ARRANGEMENT OF ACT
Articles
Part I Preliminary 1 - 3
Part II Establishment, functions and conduct of affairs of
the Kunsill Malti għall-Isport 4 - 10
Part III Officers and employees of the Council 11 - 13
Part IV Sports facilities 14 - 19
Part V Directorates and Advisory Committees 20 - 21
Part VI Financial provisions 22 - 34
Part VII Register of Sport Persons 35 - 42
Part VIII Sport dispute resolution 43 - 50
Part IX Miscellaneous 51 - 56
PART I
PRELIMINARY
Short title. 1. The short title of this Act is the Sports Act.
Interpretation. Amended by: XXXII. 2007.20.
Cap. 387.
"advisory committee" means an advisory committee established in accordance with article 21;
"Association" or "National Association" means an association of clubs on a national level who group together
for the purpose of promoting a particular sport or for organising competitive games in such sport;
"Board" means the Board of Directors of the Council;
"Chairperson" means Chairperson of the Council and includes, in the circumstances mentioned in article 4(4), the Deputy
Chairperson or other person appointed to act as Chairperson:
Provided that, in relation to articles 18, 20 and 21, "C hairperson" me ans the C h airperson of a Manage
me nt Committee, Directorate or Advisory Committee, as the case may be;
"Chief Executive Officer" means the Chief Executive Officer of the Council appointed in accordance with article 11;
"club" means an association of persons, whether in the form of a civil pa rtne rship, or a comm ercial partnershi p or
otherwise, in wh ich in divid u als constitu te them selv es i n or form part o f an association mainly for the purpose of engaging
or organising sport activities;
"Council" means the Kunsill Malti għall-Isport established in accordance with article 4;
"designated property" means the immovable property referred to in article 16(1) and (3) or otherwise transferred to the
Council;
"directorate" means any directorate established in accordance with article 20;
"employee" means a person employed by the Council;
"Fed era t i on" or "Nat io nal Fede ration" me ans an association being mainly an association of a number of
National Associations of the same sport activity or of associated sport activities;
"financial year" means a period of twelve months ending on the
31st December:
Provided that the financial year which commenced on the 1st O ctob er, 20 07 sh all b e for a period of fifteen m on ths an d shall
terminate on the 31st December, 2008;
"Malta Arbitrati on Centre" mean s the Arbitration Centre established under the Arbitration Act;
"M alta Olympic Committe e" means the Malta Olympic Committee established on the 9th June 1928 and having the Statute reproduced
in the Second Schedule, as such statute may from time
to time be amended, varied or substituted in accordance with the terms thereof;
"Maltese" m eans persons who are citizens of Malta and such other categories of persons as the Minister may from time to
time prescribe;
"management committe e " mea n s a committee established in accordance with article 18;
"Minister" means the Minister responsible for sports;
"Ordinance" means the Commissioner of Land Ordinance;
"person" includ es a body of persons and any body corporate established by law;
"p re scri be d" m e an s p r esc r ib ed by re gu l a t i o n s m a de b y t h e
Minister under this Act;
"public officer", in relation to article 51, has the same meaning assigned to it by article 124 of the Constitution but does not include a judge or a magistrate;
"Register" means the Register of Sport Persons referred to in Part
VII of this Act;
"registered person" means a person registered in the Register of
Sport Persons under Part VII of this Act;
"sport" includes all forms of physical or mental activity which, t h rough casual or organ i sed particip ation or through
trainin g activities, aim at expressing or im proving physical and ment al wcll- being, f orm ing social r elatio nships o r ob
taini ng r esu lts in competition at all levels, but excludes those acti vi ti es held for therapeutic or cl inical purposes or are
part of the activities of health institutions or health centres, and includes any other activity as the Minister may from time to
time and after consultation with the Council prescribe;
"sport facilities" means the property, movable and immovable, including designated property referred to in articles 14,
15 and 16 and any other property, corporeal or incorporeal, that may be used for the purposes of sport;
"Sports Fund" means the fund referred to in article 19;
"sport school" means an undertaking, organisation or enterprise, by whomsoever owned or managed, the main function of which
is to educate on a full time or part-time basis in any particular sport discipline or sport disciplines.
3. (1) Physical Education and Sport shall be taught and practised in all primary and secondary schools as further set out in
l a ws , re gul ati ons , cu rricu la and dire c tive s app lic abl e t o s u c h schools and issued under the Education Act.
(2) The State recognises that no discrimination should be permitted on the grounds of sex, race, colour, religion or political
op inion or residence with in diff erent lo calities of Malta in the access to sport facilities or to sport activities.
Cap. 169.
Declaration of principles.
Cap. 327.
(3) The State recognises that everyone should have the opp ortunity to take part in sport, and t h at where necessary,
additional meas ures s h all be taken aimed at enabling and encou r aging women and you ng gi fted peop le, as well as disadvantaged
or disabled persons or groups of such persons, to effectively take advantage of such opportunities.
(4) All sport activities shall respect the human dignity and the health and safety and general welfare of all participants in sport.
All participants in sport activities shall follow the rules of fair play. A ll organi satio ns an d p erso ns in vo lved in spo rt
acti vit ies sh all endeavour to ensure that no unsanctioned use is made in sport of illegal substances or of perfo rmance enhancing
drugs or doping methods in sport.
(5) In the promotion of sport no use shall be made of promotional material or methods that tend to exploit young people.
(6) The regulation of sport shall be carried out in accordance with this Act taking also into account the principle of subsidiarity,
both vertical and horizontal.
(7) The provisions of this article shall not be enforceable in any court, but the principles herein contained shall be of guidance
in the regulation and promotion of sport in Malta.
PART II
Establishment and composition of the Kunsill Malti
għall-Isport.
ESTABLISHMENT, FUNCTIONS AND CONDUCT OF AFFAIRS OF THE KUNSILL MALTI GĦALL-ISPORT
(2) The affairs and business of the Council shall be the responsibility of and be conducted by a Board of Directors.
(3) (a) The Board shall consist of not less than seven and not more than nine members. The members of the Board sh all be ap po in te
d by th e Mi ni st e r f o r a te rm no t exceeding three years and wi ll be eligible for re- appointment on the expiration of
their term of office.
(b) The members of the Board shall be persons who, in the opinion of the Minister, have experience in matters relating to sport.
(c) A member of the Board shall be nominated by the Malta Olympic Committec and another from among those persons responsible
for sport education within the Ministry responsible for Education and nominated by the Minister responsible for Education and another
member shall be nominated by National Associations responsible for non-Olympic Sports.
(4) The Chairperson of the Board and the Deputy Chairperson shall be appointed by the Minister from among the members of the Board.
The Board shall be assisted by a secretary appointed by the Minister.
(5) Where the Chairperson is absent from Malta or is otherwise temporarily un abl e to perform the functi ons of his office, t
h e Deputy Chairperson shall act as chairperson and shall exercise all the powers and functions of the Chairperson.
(6) A person shall not be qualified to be appointed or to hold office as a member of the Board if he:
(a) is a member of the House of Representatives; or
(b) is ajudge or magistrate; or
(c) is legally incapacitated; or
(d) has been declared bankrupt or has made a composition or arrangement with his creditors; or
(e) has been convicted of a crime affecting public trust or theft or fraud or of knowingly receiving property obtained by
theft or fraud; or
(f) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as
a member of the Board:
Provided that the Minister may waive the disqualification of a person under this paragraph if such person declares
the interest and such declaration and waiver are published in the Gazette.
(7) Subject to the provisions of this article, the office of a member of the Board shall become vacant:
(a) at the expiration of his term of office, or
(b) if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified
for appointment as such.
(8) A member of the Board may be relieved from office by the Minister on the ground of inability to perform the functions of his
office, whether due to infirmity of mind or body, or to any other cause, or on the ground of misbehaviour.
(9) A member of the Board may resign his office by means of a letter to the Minister. If a member resigns or is relieved from office
by the Minister or if the of fi ce of a member of the Board is otherwise vacant, the Ministe r may appoint a person who is qualified
to be appointed as member of the Board; and any person so appointed shall continue in office for the remaining period of the term
of office of the person whom he is substituting and shall be eligible for reappointment.
(10) Any member of the Board who has any direct or indirect i n terest in any co ntract made or p r opo sed t o be made by the Council,
not being an interest which disqualifies such member from remaining a member, shall disclose the nature of his interest at the first
meeting of the Board after the relevant facts have come to his knowledge, such disclosure shall then be recorded in the minutes of
the Board, and the member having an interest as aforesaid shall withdraw from any meetings at which such contract is discussed. Any
such disclosure shall be communicated to the Minister without
delay. Where the interest of the member is such as to disqualify him from remaining a member, he shall report the fact immediately
to the Minister and, without prejudice to the provisions of the proviso to subarticle (6)(f), tender his resignation.
(11) The Council shall perform its functions and shall exercise its powers either directly or through any of the following, namely
( a ) manag e ment co mmi tt ees, ( b ) directorates, or ( c ) any ot her persons (i ncludi ng co mmercial p a r t nership s or fo und at ions, appointed for the purpose after consultation with
the Minister).
(12) Subject to the other provisions of this Act and to any directions of the Board, the executive conduct of the Council,
its administration and organisation and the administrative control of its officers and servants, shall be the responsibility of the
Chief Executive Officer, who shall also have such other powers as may fr om time to tim e be delegated to him by the Board. The Chief
Executive Officer shall also be responsible for the implementation of the objectives of the Council and the exercise of its functions
and without prejudice to the generality of the foregoing he shall develop the necessary strategies, policies and regulations for
the implementation of the objectives of the Council, advise the Board o n any m a tt er it m a y ref e r to h i m o r on any m a
tt er wh ich he considers necessary or expedient, and perform such other duties as the Board may assign to him from time to time.
(13) The Chief Executive Officer shall have the right to attend all the meetings of the Board. He shall not, however, have a vote
or be counted for the purpose of constituting a quorum.
Objectives of the
Council.
(a) to promote and encourage the development of increased participation in sport in Malta and the improved performance
by athletes in sport;
(b) to develop and implement programs that promote equality of access to and participation in sport;
(c) to promote a culture of excellence in sport;
(d) to ensure the provision of resources, services and facilities for the promotion of sport in Malta;
(e) to promote a culture of participation in sport among people, especially children and youths, as an aspect of personal and social
development within the context of government policy on education and health;
(f) to improve the sporting abilities of the Maltese generally through the improvement of the standard of sport coaches,
administrators and officials;
(g) to foster co-operation in sport with local and international bodies, entities or other persons for the encouragement
and promotion of the development of sport programmes, initiatives and activities;
(h) to ensure that all sport activities respect the human dignity, health and safety of all participants in sport as
well as the rules of fair play and the health and safety of the spectators; and
(i) to encourage, in furtherance of the principle of subsidiarity, non-governmental bodies and private entities
or persons and local councils to contribute to the promotion of sport in Malta.
(a) to make recommendations to the Minister on a national sport policy, or otherwise, in relation to the development
of sport;
(b) to develop and implement programmes that promote equality of access to, and participation in sport;
(c) to develop and implement policies and strategies for the furtherance of its objectives and functions, to initiate,
encourage and facilitate research and development in relations to sport, to promote research and development related
to sport science and sport medicine and to provide sport science services to such persons as the Minister may on recommendation
of the Sports Council from time to time prescribe;
(d) to promote and ensure the education and preparation of coaches, administrators and officials with the required vocational and
professional competencies, and to promote, organise or assist by whatsoever means, educational schemes for athletes;
(e) to promote and ensure the establishment, development and maintenance and proper use of sport facilities, services and
resources for the encouragement and promotion of sport, and to advise the Minister in connection with safety
measures, including supervision, sport implements and equipment, within sport facilities;
(f) when so directed by the Minister, to represent the Government of Malta internationally or regionally in matters related
to sport as may be designated by the Minister;
(g) to provide financial and other assistance by any means to local councils and to any person, including, without prejudice to the
generality of the foregoing, the Malta Olympic Committee, National Associations and National Federations, as well as
clubs in the promotion and development of sport;
(h) to collect and distribute information, and provide advice, on matters related to the activities of the Council;
(i) to keep a register of bona fide sport bodies, entities and other persons who qualify for registration with the Council under the provisions of this Act;
(j) to raise money and to administer and expend money
Functions of the
Council.
appropriated by the House of Representatives or otherwise received from other sources;
(k) to consult and co-operate with local councils and other persons on matters related to sport;
(l) to consult and co-operate with the Malta Olympic Committee on matters relating to the promotion and development of
sport and the participation or representation of Malta at the Olympic Games, Commonwealth Gamcs, Mediterranean
Games, Games of Small States of Europe, and other international games which the Council may from time to time acknowledge
as falling under the jurisdiction of the Malta Olympic Committee;
(m) to provide advice on matters related to sport to persons, bodies or associations involved in sport;
(n) to co-operate with national and international sporting organisations with the aim of fostering a sporting environment
that is free from the unsanctioned use of performance enhancing drugs and doping methods;
(o) to draw up, develop and amend, from time to time, a Code of Ethics to be followed by athletes, officials, and sport organisations;
(p) to recognise criteria established by the relevant National Associations or Federations, and in the absence
of such established criteria, to devise criteria for determining the status of athletes, coaches and other officials
or administrators as amateur, professional or otherwise;
(q) to consult and co-operate on a regular basis with all
National Associations and National Federations;
(r) to monitor and keep under review and evaluate all practices, operations and activities relating to sport matters;
(s) to regulate the activities, levels of service and standards of sport facilities, including sport schools, gymnasia,
and any type of enterprise or undertaking providing training services or other sport services;
(t) to regulate the standards of maintenance, management, safety, levels of service and operation of sport facilities;
(u) to do anything in furtherance of its objectives and to perform such other functions as may devolve upon it under any other law
or as may from time to time be assigned to it by the Minister.
(2) In the exercise of its function in accordance with subarticle
(1)(g) the Council -
(a) shall establish such criteria, terms and conditions for the provision of such assistance as it considers appropriate,
and
(b) may establish different criteria, terms and conditions in relation to different classes of beneficiaries.
(3) The functions of the Council may be performed within or outside the Maltese Islands.
(2) Subject to the provisions of this Act, the Council has the power to do all th ings necessary or co nvenient to be done in
connection w ith the performance o f its fun c tions an d shall be capable, subject to the provisions o f thi s Act, of enter i
n g i n to con t racts, of acq u iri ng, hol din g and di sp osin g o f any kin d o f property for the purposes of its functions,
of suing and being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the
exercise or performance of its functions under this Act, including the lending or borrowing of money.
(3) The legal and judicial representation of the Council shall be vested in the Chairperson, or in any other person under such
terms and conditions and with such powers as the Board may from time to time by resolution determine.
(4) Any document purporting to be an instrument made or issued by the Council and signed by the Chairperson or by the
Secretary of the Board shall be received in evidence and shall, until the co ntrary is proved , b e deem ed t o be an in st rum ent
mad e or issued by the Council.
(5) The Council may engage or employ persons to perform s e rvices for the Council and may enter into any agreement to
exercise any of its functions through the agency or services of any person.
(6) The Council may:
(a) obtain commercial sponsorship for the Council and participate in marketing arrangements involving the endorsement by
the Council of products and services associated with sport;
(b) arrange for the manufacture and distribution (whether for profit or otherwise) of any article or thing bearing a mark, symbol
or writing that is associated with the Council; and
(c) provide (whether for profit or otherwise) goods and services to persons using, or otherwise attending at, facilities of the Council.
(7) The Council may charge or impose such reasonable fees in respect of:
(a) access to, or use of, any of its resources or facilities; (b) the provision by it of programs, services, information
or advice;
(c) the admission of persons to events or activities
Powers of the
Council.
conducted by it.
Meetings of the
Board.
(2) The Board shall not act unless a quorum consisting of not less than half the number of members is present.
(3) The meetings of the Board shall be chaired by the
Chairperson or, in his absence, by the Deputy Chairperson.
(4) Decisions of the Board shall be taken by a simple majority of the votes of the members present and voting. In the case of an
equality of votes, the Chairperson or in his absence the Deputy Chairperson shall have and exercise a second or casting vote.
(5) Without prejudice to the other provisions of this Act, no d ecisio n sh all be vali d whi c h i s no t su pp ort e d by at
least fo ur members of the Board.
(6) Subject to the provisions of this Act, the Board may regulate its own proceedings.
(7) Any vacancy among the members of the Board, and any participation therein by a person not entitled so to do, shall not invalidate
the proceedings of the Board.
(8) All acts done by any person acting in good faith, as a member of t h e B o ard, s h all b e valid as if he wer e
a m e mber n o twi t hstan d ing th at som e defect in hi s appoi ntm e nt or qualification may afterwards be discovered.
No act or proceeding of the Bo ard shall b e qu estioned on the groun d of th e contravention, by a member, of the provisions
of article 4(10).
Relations between the Minister and the Council.
(2) The Council shall afford to the Minister the necessary facilities for obtaining information with respect to the property and activities of the Council and furnish him with returns, accounts and other information with respec t the r eto, a n d af ford him the necessary facilities for the verification of information furnished, in such manner and at such times as he may reasonably require.
Strategic and operational plans.
(2) The aforementioned strategic plan shall be presented to the Min ister fo r hi s app roval not less than t hree m onths befo
re the commencement of the period to which the strategic plan relates,
and shall come into force on the day on which it is approved by the Minister or the day of commencement of the period to which it
relates, whichever is the latter:
Provided that the first strategic plan shall be prepared by the Council and submitted to the Minister for approval within six weeks
from the date of appointment of the Council.
(3) The Council shall also from time to time during the period in respect of which a strategic pl an is in force, consider and
propose to the Minister any necessary variations to the said plan and, following approval by the Minister, vary the said plan.
(4) The Council shall at the beginning of each year in respect of which a strategic plan is in force, prepare an operational plan
that articulates the programmes, initiatives and activities that it will undertake in fulfilm ent of the objecti ves defined in the
said strategic plan for the said year.
(5) For the purpose of consulting and co-operating on a regular basis with national associations and federations and non- governmental
bodies in the drawing up of a national strategy for sport and the evaluation thereof, the Council shall at least once a year hold
a forum or fora of national associations and federations and non-governmental bodies. Such fora shall be chaired by the Chairperson
of the Council.
PART III
OFFICERS AND EMPLOYEES OF THE COUNCIL
(2) The Chief Executive Officer shall be appointed for a period not exceeding three years and such period may be extended for
further periods not exceeding three years each:
Provided that until the first Chief Executive Officer is so appointed the Minister may for a period not exceeding six months detail
a public officer to perform the functions of Chief Executive Officer.
Staff appointments.
(2) Where any officer is detailed for duty with the Council under any of the provisions of this article, such officer shall, during the time in which such direction has effect in relation to him, be under the administrative authority and control of the Council but he shall for other intents and purposes remain and be considered and
Status of public officers detailed for duty with the Council.
Cap. 93. Cap. 58.
treated as a public officer.
(3) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid -
(a) shall not during the time in respect of which he 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 him at a date on which he is so detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are
attached to the appointment under the Government held by him at the date aforesaid or which would have become attached to such
appointment, during the said period, had such officer not been detailed for duty with the Council; and
(b) shall be entitled to have his service with the Council considered as service with the Govemment for the purposes 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 he would be entitled, and liable to any liability to which he would be liable,
but for the fact of his being detailed for duty with the Council.
(4) Where an application is made as provided in subarticle (3)(a)(i) the same consideration shall be given thereto as if the applicant had not been detailed for service with the Council.
(5) The Council shall pay to the Government such co ntribu tion s as may from t ime to ti me b e d e termined
b y th e Minister responsible for finance in respect of the cost of pensions and grat uities earned by an officer detailed for duty
with th e Council as aforesaid during the period in which he is so detailed.
Offer of permanent employment with the Council to public officers detailed for duty with the Council.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
they 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 Council offered to him 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 wit h the Govern ment and t o have entered into service with the Council on the date of
his acceptance, and for the pu rposes o f the said Ordinance and of the said Act, so far as applicable to him, service with the
Council shall be deemed to be service wi th the Go vernment within the meanings th ereof respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Council was entitled to benefit
und er the Wi do w s ’ an d O r ph an s’ Pen s i o n s A c t , s h all continue to be so entitled to benefit thereunder to all intents as if his service with the Council were service with the
Government.
(5) The Council 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 employ m e nt with the Coun cil as aforesaid du ring t h e p e rio d commencing on the date of such officer ’s acceptance.
(6) For the purpose of the Pens ions Ordinance the pensionable emoluments of such public officer on retirement shall be deemed to be the pensionable emolum ents payable to
an of ficer in Govemment se rvice in a grade and at an incremental level coiresponding to the post and incremental level at which
the officer retires from the Council.
Cap. 93. Cap. 58.
Cap. 58.
Cap. 93.
(7) | (a) | For the purposes of this article posts and salary grades with the Council shall be classified in the most nearly corresponding grades and in crem en tal levels i n th e service under the Government of Malta by reference to j ob descr i ption, skills, r e spon sib ilities 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 Ministry 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 Council. 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 Government service and, or, of employees of the Council. | |
(d) | No post shall be classified in a grade higher than that of a 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. |
Cap. 93.
(e) Without prejudice to 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 he would have been entitled prior to such classification.
PART IV
SPORT FACILITIES
Access to facilities. 14. The Council shall, to the extent that it is practicable to do so having regard to the objects for which it is established and its functions, develop policies to allow individuals, groups within the comm unity, sport clubs and associations to have access to, and make use of, the resources, services and facilities of the Council, whether or not for purposes related to sport.
Transfer of movable property to the Council.
Transfer of rights and liabilities in respect of immovable property.
Cap. 88.
16. (1) The enjoyment, possession, use and management of all rights and o bligati ons (oth er than o bligatio ns arising un der the
Lan d A c q u isi tio n ( P ubl ic Purp oses) Or din a n c e) v e st ed in th e Government over or in respect of the immovable property listed in the First Schedule (hereinafter called "designated
property") in respect of designated property shall, on the coming into force of th is P a r t o f thi s Act , b y vi rtu e
of t h is Act and wi th ou t f u rt her assurance, be transferred and vested in the Council.
(2) The President acting on the advice of the Minister respon sibl e for land may from tim e to ti me make an
O r der designating such immovable property belonging to or possessed, held or otherwise administered by the Government and that
may be used for the purposes of sport or for any function which by this Act are being vested in the Council. Any such Order shall
be published in the Gazette.
(3) Where an Order has been made under the provisions of this article, the enjoyment, use, management and administration of the
im movable property designated in the Order (hereinafter also called "designated property") shall, with effect from such
day as may be specified in the Order and by virtue of this Act and without further assurance, be transferred and vested in the Council.
(4) 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, b uildi ngs, st ructu res, installati ons, land, r oads, w orks,
pow ers,
rights, privileges and remedies and all things necessary or ancillary thereto which are held or en joy e d in co nnection wit
h or appertaining thereto, as well as all obligations affecting or relating t o any of the aforesaid pro p erty or undertakin g
or oth e r thin g
included therein as aforesaid.
(5) All rights vested in or exercisable by Government arising under or pursuant to any contract entered into by Government with
third parties in respect of designated property shall, on the coming into force of this Part of this Act and without further assurance
be transferred and vested in the Council.
(6) Any transfer or vesting of designated property shall be su bject to all th ose term s and cond iti ons t hat the Mini
ster may deem necessary to ensure that such property is used in accordance with the provisions of this Act.
(7) Notwithstanding the provisions of the Ordinance, in respect of such immovable property that is listed in the First Schedule
or that may from time to time be specified in an Order of the President publis he d in th e Gazette or th at is otherwise tr ansferred
to the Counci l (such lan d and p r o p erty hereinafter referred t o as "designated property"), the Council shall exercise
the rights and responsibilities refemed to in article 2 of the Ordinance, and the provi sions of the Land (Compulsory Evicti on)
Act , and th e Disposal o f Governme nt Land Act, shall for the purpose of any such designated property be read and construed as if any reference
t h er ein to t h e Co mm is si on er of L a nd were a ref e rence t o th e
Chairperson of the Council, and th e prov i s io ns of arti cl e 1 8 1 , Subtitle VI of Title VIII of Part I of Book Second, article
590(2), article 627, article 637(3), article 742 and article 873 of the Code at
Organization and Civil Procedure shall apply, in relation to such designated pr operty, to the Council and the Chairperson of th e Council, as the case may be, provided that for the purpose of this
Part of the Act the Chairperson of the Council may from time to time delegate any of his powers to the Chief Executivc Officer or
Management Committees.
(8) The provisions of articles 1576A to 1576D of the Civil Code shall apply to designated property and the Council shall be vested with all rights and obligations of a lessor arising thereunder.
Cap. 228. Cap. 268.
Cap. 12.
Cap. 16.
16(1), to the coming into force of this Part of this Act, as the case may be, and such thing relates to a designated property or any
right
or liability transferred to the Council by or under this Act, such thing may be carried on and completed by or as authorised by the
Council.
(2) Where immediately before the coming into force of this Part of this Act, any legal proceedings are pending to which the
Government is or is entitled to be a party, and such proceedings relate to designated property or any right or liability transferred
by or under this Act, the Council shall, as from the date of the relevant
Transitory provisions.
Cap. 88.
President’s Or der, be substitu ted in such p r oceedings fo r the Government or Commissioner of Land, as the case may be, or shall
be made a part thereto in like manner as the Government or Comxnissioner of Land could have become.
(3) The Minister may by order make such incidental, consequent ial and supplement a l provisions as he may d eem
necessary or expedient for the purpose, as appropriate, the assets transferred to the Council by or under this Act and securing
and giving full effect to the transfer of any property or undertaking or any right or liability to the Council by or under this Act
and make such orders as may be necessary to make any powers and duties exercisable by the Government in relation to any of the transferred
pro p erty or undertakings exercisable by or on b e half of the Council.
(4) Where under a contract entered into by Government with third parties in respect of designated property prior to the coming
into force of this Act a discretion is to be exercised or a state of fact is to be established or determined by the Kunsill Malti
għall-Isport referred to in such contract, then such discretion or the right to establish o r determine that state of fact shall
be vested and exercisable by the Council without any further assurance other than by virtue of this Act.
(5) The provisions of subarticles (1) and (2) shall not apply to those acts, rights and obligations exercisable by or vested in
or binding upon Government in accordance with the provisions of the Land Acquisition (Public Purposes) Ordinance or to proceedings instituted before the Land Arbitration Board in accordance with the provisions of the said Ordinance or before any
other competent court in matters relating to the acquisition by government of immovable property under the provisions of the said
Ordinance.
Management of sport facilities.
(2) The Council may with the authority in writing of the Minister, in concurrence with the Minister responsible for land,
enter, by public deed, into a contract with any local council and registered person whereby designated property may be granted for
a term not exceeding five years to such local council and registered person under a title of lease or other personal title, including
that of management, administration or custody, for a consideration payable to the Council in accordance with the provisions of this
Act and of such regulations as may fro m tim e to time be pr escribed and subj ect to su ch local council or condit i ons n o t
in consistent therewith as may be containe d in the deed, provided that such cond it io ns shal l i n cl ud e th e p r oh ib it
io n of sub - l e tti ng o f th e designated property and of assignment of rights by the local council and registered person, as
the case may be.
(3) For the purpose of enjoying, administering and managing any of the sport facilities and designated property the Council may
delegate any of its powers to one or more management committees
set up for the purpose. Such committees shall observe such policies and directives as the Council may from time to time determine
and shall be accountable to the Council. Such management committees are vested with a separate distinct legal personality.
(4) The management committees mentioned in subarticle (3) sh all be estab lished by th e Min ister aft er consul tati on with
th e Council, with such functions and powers as the Minister may in his d i scretio n d e t e r mine. Such manag e ment commi ttees
shall be composed of such persons as the Minister shall deem fit and such persons shall hold office for such period and on such terms
and conditions as the Minister may deem appropriate. The Minister shall also d e sign ate any member of such committees t o act
as chairperson thereof.
(5) The management committees shall keep a record of all their proceedings and shall forward c opies of s u ch records to the
Council.
(6) The provisions of article 4(6) to (10) shall apply mutatis mutandis to the management committees.
(7) The Council may, for the purpose of providing or ensuring the provision of services that are complimentary with the use of
sport facilities, grant to third parties for a term nor exceeding five years the operation and management of particular areas within
such sport facilities after a call for tenders for specified purposes.
(8) Any contract and agreement entered into by the Council in accordance with the provisions of this article shall, for the purposes
of t h e D i sp osal of G o v e rn ment Land Act , be deemed to be a disposal made in accordance with the provisions of such Act. The Minister shall, however, within four weeks after
the publication of such deed as is re ferred to in sub ar t ic le (2 ) , or if t he H o us e of Representatives is not then in session,
within four weeks of the date when the House next meets, lay a copy thereof on the Table of the House, and the deed shall only be
valid and binding if, after that a copy thereof has been laid be fore the Ta ble of the House of Representatives, the House does
not, within the period of twenty- eight days after th at copy has been so laid, resolve th at the agreement or deed of disposal
be rescinded.
(9) Any property subject to a deed referred to in subarticlc (2) shall not by virtue thereof be transferred to the registered person
or local council with whom it is entered.
(10) Not later than six weeks after the lapse of three years from the date of a deed referred to in subarticle (2) and subsequently
every three years the registered person with whom such deed is entered shall transmit to the Council a report of its activities
in relation to the property that is object of the deed and on the way that such property has been utilised.
(11) The Minister may, on the advice of the Council, make regulations, not inconsistent with the provisions of this Act:
(a) regulating, restricting or prohibiting entry onto or into any sport facilities owned by, or under the control of, the Council,
regulating the conduct of persons on or in
Cap. 268.
Revenue from sport facilities and the Sports Fund.
Cap. 268.
Directorates within the Council.
any such land or building, and providing for the removal of persons from such land or building;
(b) regulating, restricting or prohibiting admission to and behaviour in, any sport facilities, as well as the right of search by
the Police of any person gaining admission to, while inside or while leaving any sport facility;
(c) regulating the standards of maintenance, management, safety, level of service and operations of sport facilities
including the prohibition of the use of sport facilities that do not meet the prescribed standards and levels;
(d) generally prescribing rules to regulate the deeds referred to in subarticles (2) and (7).
(2) All ground rents and rent payable to Government or to the C o u n c i l in fu rt h e ranc e of a res o l u t i o n p a sse
d by th e Ho use o f Representatives in accordance with the provisions of the Disposal of Government Land Act in respect of sport facilities before as well as after the coming into force of this Act, and the consideration arising from any
deed entered into in accordance with article
18(2)and (7) from sport facilities shall be vested in the Council to b e ut il ise d in a cco rd ance with the prov isions of
this Act. Such
revenue shall be deposited in the Sports Fund.
(3) The Sports Fund shall be utilised for the purpose of development and maintenance of sport facilities and for such
other purposes falling within the functions of the Council as the Minister may from lime to time authorise.
PART V
DIRECTORATES AND ADVISORY COMMITTEES
(2) The Council may delegate to such directcrates and require them to perform such of its functions under such conditions as the
Co uncil may deem ap pro p ri at e. Th e Co un ci l may at any ti me withdraw, in whole or in part, any such delegation of functions.
(3) Subject to the foregoing provisions of this article and to any rules made from time to time by the Council, the directorates
may regulate their own proceedings.
(2) The members of the advisory committee shall be appointed by the Minister and shall hold office for such period and on such
terms and conditions as the Minister may deem appropriate. Each advisory committee shall consist of one member representing the Council
as Chairperson and such other members as the Minister may deem fit to appoint.
(3) The provisions of article 4(6) to (10) shall mutatis mutandis
apply to the advisory committees.
(4) Each advisory committee shall keep a record of all its meetings and shall forward copies of such records to the Council.
Subject to the provisions of this Act, each advisory committee can regulate its own procedures.
Advisory committees.
PART VI
FINANCIAL PROVISIONS
(2) Any excess of revenue over expenditure shall, subject to such directives as the Minister, after consultation with the Minister
responsible for finance, may from time to time give, be applied by the Council to the formation of reserve funds to be used for
the purposes of the Council; and without prejudice to the generality of the powers given to the Minister by this subarticle, any
directive 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 directive, of any part of the fees, rates and other payments levied in accordance wi th this subarticle or any
such excess as aforesaid.
(3) Any funds of the Council not immediately required to meet expenditure may be invested in such manner as may from time to tim
e b e app r o v ed by the Min i ster af ter con s u lta tio n w ith th e Minister responsible for finance.
Council to meet expenditure out of revenue.
Advances from
Government.
Funds from public lotteries.
Power to borrow or raise capital. Amended by:
L.N. 427 of 2007.
(2) Thc Council may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require by way of working
capital for carrying out its functions under this Act:
Provided that for any facility in an amount exceeding sixty- nine thousand and eight hundred and eighty-one euro and twenty ce nts
(69,8 8 1 . 20), t h ere shal l be re qui red th e ap prov al of t h e Minister in writing.
Borrowing from
Government.
(2) Notice of any loans, liabilities or advances made or incurred under the fore go ing prov is io ns of this arti cle
shall be given to the House of Representatives as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in subarticle (1), or for the purpose of providing the Council with working
capital, the Minister responsi b le for finan c e may, by warrant under his hand, and without further appropriation other than
this Act, authorise the Accountant General to make advances to the Council out of the Treasury Clearance Fund under such terms as
may be specified by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making advances to the Council, and any other moneys to be advanced to
the Council under this article, shall be paid into a fund specially est a bli s hed for t h e p u rp ose and w h i c h shal l b e
k now n as th e "Kunsill Malti għall-Isport (Loan) Fund".
(5) Sums received by the Accountant General from the Council in respect of advances made to the Council under subarticle (3) shall
be paid, as respects of amounts received by way of repayment into the Treasury Clearance Fund and, as respects amounts received by
way of interest into the Consolidated Fund.
Estimates of the
Council.
the Council for the next following financial year:
Provided that the estimates for the first financial year of the Council shall be prepared and adopted within such time as the Minister
may by notice in writing to the Council specify.
(2) In the preparation of such estimates the Council shall take account of any funds and other monies that may be due to be paid
to it out of the Consolidated Fund during the relevant financial year, whether by virtuc of this Act or an appropriation Act or of
any other law; and the Council shall so prepare the said estimates as to ensure that the total revenues of the Council are at least
sufficient to meet all sums prope rly c h ar geable to its revenue account i n clu d i ng, bu t w i t h o u t prej udi ce to th
e generali ty of th at expression, depreciation.
(3) The estimates shall be made out in such form and shall contain such information and such comparison with previous years
as the Minister responsible for finance may direct.
(4) A copy of the estimates shall, upon their adoption by the Council, be sent forthwith by the Council to the Minister and to
the Minister responsible for finance. The Minister shall at the earliest opportunity and not later than six weeks after he has received
a copy of the estimates from the Council, after consultation with the Minister responsible for finance, approve the same with or
without amendment. The Minister shall as soon as practicable cause such approved estimates to be laid on the Table of 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 Minister, whichever is the earlier date, the Council may make or incur expenditure for carrying on its
functions under this Act not exceeding in the aggregate one-half of the amount approved by the Minister 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 given after consultation
with the Minister responsible for finance, be made or incurred in respect of another head or sub-head of the estimates;
(c) in respect of the first financial year, the Council may make or incur expenditure 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 Minister is not sufficient or a need has arisen
for expenditure for a purpose not
Expenditure to be according to approved estimates.
provided for in the estimates, the Council may adopt supplementary estimates for approval by the Minister, and in any such case the provisions of this Act applicable to the estimates shall as near as practicable apply to the supplementary estimates.
Publication of approved estimates.
Accounts and audit.
(2) The accounts of the Council shall be audited by an auditor or auditors to be appointed by the Council and approved by the
Minister:
Provided that the Minister responsible for finance may, after consultation with the Minister, require the books and accounts
of the Council to be audited or examined by the Auditor General who shall for the purpose have the power to carry out such physical
checking and other verifications as he may deem necessary.
(3) After the end of each financial year, and not later than the date on which the estimates of the Council are forwarded to the
Minister under article 27, the Council shall cause a copy of the statement of account duly audited to be transmitted to the Minister
and to the Minister responsible for finance together with a copy of an y repo rt made b y t h e au dit o rs o n th at statemen t
o r on th e accounts of the Council.
(4) The Minister shall, as soon as practicable, cause a copy of every such statement and report to be laid on the Table of the
House of Representatives.
Deposit of revenues and payment by the Council.
(2) All payments out of the funds of the Council, other than petty disbursements not exceeding a sum as from time to time may be
fixed by the Council, shall be made by such officer or officers of th e Council as the Cou n cil shall appo int or desi gnate for
that purpose.
(3) Cheques against and withdrawals from any bank account of the Council shall be signed by such officer of the Council as may
be appointed or designated by the Council for that purpose and shall be countersigned by the Chairperson, or such other member or
officer of the Council as may be authorised by the Council for that purpose.
(4) The Council shall also make provision with respect to:
whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which the monies of the Council are to be paid, and the transfer of
funds from one account to the other;
(c) the method to be adopted in making payments out of funds of the Council and generally with respect to any matter which is
relevant to the proper keeping and control of the accounts and books, and the control of the finance, of the Council.
PART VII
REGISTER OF SPORT PERSONS
(2) Registration under this Part of this Act may be effected by submission to the Council of an application form for registration
in the form as may be prescribed with the following accompanying documents:
(a) in the case of an association, partnership or other moral entity (in this Part of the Act also referred to as
Contracts of supply or work.
Amended by:
L.N. 427 of 2007.
Annual report.
Exemption from tax.
Requirement of registration.
"organisation"), an updated copy of the statute or constitutive act with all binding regulations and bye- laws (together
called "the statute"), certified as true and correct by the official authorised by the statute for the purpose to effect
such certification;
(b) a statement indicating who the officials of the organisation are;
(c) a statement as to where the office of the registrant is; (d) a statement as to the individuals in whom
representation of the organisation is vested;
(e) if the organisation has already been in existence for at least one calendar year, or if the applicant has been involved or engaged
in activities connected to sport, the annual report, if required by its statute, and accounts as may be prescribed; and
(f) such other documents as may from time to time be prescribed.
(3) The Council shall, on submission of the required application form an d accompanying documents, and on being satisfied
that the applicant is eligible for registration, register the app lic ant in th e R e g i st er o f Sport Pe rs ons . The Reg i s
t er ma y co nsi s t o f su ch p a r t s as t h e Cou n cil may fro m t ime t o tim e determine for the purp o se of distinguishing
the nature of the registered person.
(4) Upon registering the applicant, the Council shall, through the Secretary of the Board, issue a certificate of registration
to the registered person. Registration in the Register shall not exempt the registered person from complying with any other provision
of law.
(5) The Council may refuse to register an applicant in the Register if it appears to the Council that the applicant does
not satisfy the requirements under this Act, and in so doing shall state the reasons for the refusal.
(6) When the applicant for registration is a national association or federation claiming to represent a particular sport discipline
or associated sport disciplines, the Council shall, before registering
the applic ant, ens u re tha t s u ch ass o ciation or federation is recognised as such by the international organisation representing
such sport discipline or disciplines.
(7) When registering an organisation in the appropriate register of national associations or federations, reference shall be made
to the predominant nature of the organisation.
Malta Olympic Committee and other National Associations or Federations.
(2) The Minister may from time to time on the recommendation of the Council designate such federations or associations that shall
be registered in the Register, without any further formality. Any federation and association so designated shall be registered by
the
federatio ns and asso ciatio ns so registered sh al l b e pub lished without delay in the Government Gazette.
(2) For the propose of this article an organisation shall be deemed to be "non-profit making" if:
(a) the organisation does not have a systematic aim to make profit;
(b) the statute of the organisation prohibits the distribution of any of its assets (whether of a capital nature or of a revenue nature
or otherwise) to its members, founders, sponsors, donors, and except by way of bona fide salary, wages or honorarium, to
its administrators; and
(c) in the case where the organisation carries out an economic activity, this is done as an ancillary activity for the purpose
or in connection with assisting the organisation to carry out its main objects and purposes in accordance with its statute.
(2) Subject to the provisions of articles 35, 36 and 37, nothing in this Act shall be interpreted as divesting persons or entities
that are not registered or registerable in the Register from any rights under any other applicable law. Non-registration of any such
person or entity shall not exempt such person or entity from any provision of this Act that may be applicable to him or it.
(3) Subjcct to the provisions of this article, an organisation registered in the Register, as well as the liability of its
members and administrators, shall be govern ed and regulated by t hose dispositions of law that wou l d, but for this Act, govern
the organisation.
Statutes of sport organisations.
Legal personality of sport organisations and other matters.
(a) those categories of persons, partnerships or other entities that may be registered in the appropriate part or parts of
the Register;
(b) the requirements for any person, partnership or other entity to qualify for registration;
Regulations under this Part of the Act.
(c) the conditions to be complied with by any such persons, partnerships or entities so qualifying for continued registration;
(d) subject to the provisions of any applicable law relating to the protection of personal data, the power of the Council to
require such information, including information relating to organisations registered or affiliated with registered
associations and federations and their officials, and in so far as this may be useful in the formulation of a national sport
policy and inventory, information relating to athletes;
(e) the power of the Council to suspend, terminate or withdraw the registration at any time, of the body, entity
or other person that is in breach of any regulations under this Act, or where circumstances arise where such body,
entity or other person would have not qualified for registration;
(f) the filing by registered persons of annual accounts (containing a balance sheet and other financial statements
indicative of the operations and financial standing of such registered person) in such form and with such content as may be prescribed;
(g) the filing with the Council of any amendments to the statute of a registered person, and any returns notifying
any changes in the management or administration, representation and offices of such registered person; and
(h) the requirements for any registered person to benefit under this Act.
Other powers of the Council.
(a) withhold any assistance from, or refuse to provide assistance to, that person;
(b) demand a refund of any financial assistance provided to that person;
(c) terminate any agreement with regard to any sport facility; and
(d) exercise any other right or remedy according to law.
Publication of documents and information.
41. Any document or information required to be filed with the Council in accordance with article 35 and with regulations under article 39(f) and (g) shall be available to the public, and any person may inspect and obtain copies of such documents and may require them to be certificd by the Secretary of the Council.
Investigation of and assistance to registered persons.
(a) on the specific request of the administrators or managers of the register person, or following a resolution
of the appropriate organ of the registered person in accordance with its statute;
(b) where the registered person is not complying with any conditions or obligations relative to any assistance or benefit enjoyed
by it or arising from any use of any sport facility granted to it under any title by the Govemment or by the Council;
(c) where the registered person has not applied funds or benefits received from the Council for the purposes for which such funds
or benefits were intended;
(d) where the registered person has been dissolved or wound up according to law.
(2) The Council may also, in the instances referred to in sub a rticle (1 )( a ) to ( d ), give advi ce t o or otherwise assist t h e competent organs of the registere d persons and may, m oreover, ap point an adm i nistrator
or adm i nistrators t o carry ou t su ch functions and exercise such powers in relation to the administration of the assets of the
registered person as well as in relation to its operations and management as the Council may direct.
(3) In the case of a demand or request for the voluntary disso lutio n or windi ng up of a registered p erson th e co
mpetent organ of the registered person that is competent to take the decision to wind up that person shall prior to ordering the
dissolution or resolving to dissolve or wind up that registered person notify the Council of such demand or request. On being notified
with such a request or demand, the Council shall, through persons appointed for the purpose, give directions aimed towards the settlement
of d i sput es and endeavour to find a soluti on with t h e purpo se of favouring the continued viable existence of the registered
person and may for such pwpose appoint provisional administrators to carry out such functions and exercise such powers in relation
to the administration of the assets of the registered person as well as of its operations and management.
(4) For the purpose of the Council and provisional administ r ator an d insp ecto r s carrying out t h eir
functions in accordance with the provisions of this a rticle, the Counc il, the provisional administrators and the inspectors shall
have the right to request information and obtain documents from any person. The inspectors shall for such purpose have the right
to apply before the First Hall of the Civil Court to request such co urt to summ o n witnesses to ap pear before them t o give evi
d ence an d pro duce documents at such time and date and at such place indicated by the inspectors in their application. The inspectors
shall have the power to administer the oath to any person appearing before them.
(5) In the case of a demand for the judicial winding up of a regi stered pers on , the court taking cognisance of such de mand
sh al l, prio r t o ord e ri n g th e d i s s ol ut io n an d wi nd in g up of t h e registered person give such directions (including
where it deems it necessary or useful, to appoint a provisional administrator) for the purpose of settling any disputes related to
the registered person and of finding a solution aimed at the continued viable existence of the registered person. For the purpose
of canying out his functions such administrator may exercise such po wer s i n r e lati on t o th e administration of the assets
and operations and management of the registered p e rson as th e Court upon hi s appo intm ent , or subsequently, may confer
upon him.
(6) The Minister may from time to time in consultation with the Council make regulations pres cribing matters necessary or convenient
to be prescribed for the carrying out or giving fuller effect to the provisions of this article.
PART VIII
Dispute resolution assistance by the Council.
Cap. 387.
SPORT DISPUTE RESOLUTION
(a) the provision of mediation services in matters relating to sport;
(b) assistance to the parties in the dispute to make reference to arbitration in accordance with the provisions
of Part IV of the Arbitration Act;
(c) through the facility of advisory opinions.
(2) The Council may, from time to time, draw up panels of persons to give advisory opinions or act as mediators (hereinafter in
this Part of the Act referred to as "panels"). The panels shall be composed of persons who in th e opinion of the Council
are q u alifi e d to carry out the d u ties and funct i ons of m e diators or advisors in matters relating to sport.
(3) The Council shall, from time to time, advise the Malta Arbitration Centre in th e draw in g up o f a p a nel or panels
of arbitrators on matters related to sport.
(4) Any dispute, controversy or claim arising out of or relating to any contract entered into between the Council and any third
party in accordance with article 18(2), (3) and (8), or the breach, termination or invalidity thereof, shall be settled by arbitration
in accordance with the rules of the Malta Arbitration Centre as may from time to time be in force.
(5) Without prejudice to the provisions of subarticle (4), in the case of a dispute, controversy or claim on matters relating to
sport or to which a registered person is a party, the parties may, if they all so agree (a) refer the matter to the Council for mediation, or (b)
refer the dispute for resolution by arbitration.
(2) Any party may withdraw from mediation procedures at any time.
Mediation.
45. (1) When a dispute is submitted to the Malta Arbitration Centre for arbit r ation, the di spute shall, in the absence of agreement
to the contrary by the parties involved, be determined by a sole arbitrator to be appointed by the Chairm an of the Malta Arbitration
Centre. The parties to the dispute may agree that three perso n s shall b e app o inted to hear and determ ine the dispute. Article
15(7) of the A r bitration Act shall not apply to those d i sput es referred to arb itrati on thro ugh th e assistance of the Council.
(2) Where the parties to arbitration agree, the arbitral tribunal may d e cide a dispu t e on crit eria o f eq uity that are gener
a ll y accepted and applied within the sport movement.
Arbitration.
Cap. 387.
(2) The Council shall from time to time make such rules governing the giving of advisory opinions.
Rules for mediation and advisory opinions.
(2) Thc members of the Board shall be appointed by the Minister for a period of three years, and shall be re-eligible
for appointment.
(3) A member of the Board may be challenged or shall abstain for any reason for which ajudge may be challenged or abstain in accordance
with article 734 of the Code of Organization and Civil Procedure. In any such case the Minister shall appoint a person, having the qualifications of the member challenged or abstaining, to sit
as a member of a Board in substitution of the said member.
(4) A member of the House of Representatives or of a Local Council shall be disqualified from being appointed or continuing to
be a member of the Board for so long as he holds that office.
(5) The Minister shall also designate a public officer to serve as secretary to the Board.
Sport Appeals
Board.
Cap. 12.
Appeals to the Sport Appeals Board.
aggrieved by such decision or matter:
Provided that the Sport Appeals Board shall not take cognisance of any matter which according to this Act or otherwise according
to law, is to be referred to arbitration.
(2) An appeal to the Board may be filed on any of the following grounds:
(a) that a material error as to the facts has been made; (b) that there was a material procedural error;
(c) that an error of law has been made;
(d) that there was some material illegality, including unreasonableness or lack of proportionality;
(e) on any other ground that may from time to time be prescribed.
(3) The Board shall give reasons for its decisions and shall cau se suc h d ecisi ons to be mad e p ub lic om it ti ng,
i f it d eems it appropriate for reasons of confidentiality, the names of the persons involved.
(4) In detertnining an appeal under this article the Board may: (a) dismiss the appeal;
(b) annul, revoke or substitute the decision.
(5) The effect of a decision of the Appeals Board to which an appeal relates shall not, except where the Board or the Court of
Appeal, as the case may be, so orders, be suspended in consequence of the bringing of the appeal.
Powers and procedure of the Sport Appeals Board.
(2) For the exercise of its functions, the Board may summon any person to appear before it and give evidence and procedure documents;
and the chairperson shall have the power to administer the oath. The Board may also appoint experts to advise the Board on any technical
issue that may be relevant to its decision.
(3) For the purposes aforesaid the Board shall have the same powers as are competent to the First Hall, Civil Court, according
to law.
(4) The procedure to be followed before the Board, the time within which and the manner in which an appeal to the Board is to be
made shall be such as may be prescribed; and subject thereto, and to any other applicable provision to this Act, the Board may establish
its own procedure.
Appeals to the
Court of Appeal.
Cap. 12.
50. Any party to an appeal to the Sport Appeals Board who feels aggrieved by a decision of the said Board, may on a question of law decided
by the said Board appeal to the Court of Appeal as constituted in accordance wi th article 41(6) of the C ode of Organization and Civil Procedure by means of an application filed
in the r egistry of that court within thirty days from the date on which that decision has been notified to him.
PART IX
MISCELLANEOUS
51. For the purposes of the Criminal Code and of any provisions of a penal nature, the members of the Council, and of any directorate, management committee, advisory
committee, as well as of the Sport Appeals Board and every officer or employee of the Council, shall be deemed to be public officers.
(2) The power of the Minister to make regulations under the p r o v i s io ns of th is Act shal l in cl ud e t h e p o wer t o
establ ish t h e penalties in respect of any violation or contravention thereof, or failure to comply therewith, and the applicability
or otherwise of the Probation Act:
Provided that such penalties may not exceed a fine (multa) of two thousand and three hundred and twenty-nine euro and thirty- seven cents (2,329.37).
Provided that the Council may not require the payment of a penalty exceeding one thousand and one hundred and sixty-four euro and
sixty-nine cents (1,164.69).
(2) Where a notice under this article has been given, and the person named in the notice pays the penalty within the time therein
indicated, he shall be deemed to have accepted responsibility for the breach specified in the notice unless within twenty-one days
of the service of the notice, he appeals from such notice before the Sport Appeals Board.
(3) Where the person to whom notice is given under subarticle (1) fails to pay the administrative penalty imposed or to remedy
the cause of the breach within the time aforesaid, proceedings may be taken against him for enforcement according to law.
(4) The Minister may, for the purpose of this article, from time to time make regulations prescribing the administrative fines
that
Persons deemed public officers. Cap. 9.
Publication of names of members, of the Council, etc.
Power to make regulations. Amended by:
L.N. 427 of 2007.
Cap. 446.
Administrative penalties. Amended by:
L.N. 427 of 2007.
the Council may impose.
Offences.
Amended by:
L.N. 427 of 2007.
Cap. 9.
(a) hinders, obstructs, molests or interferes with, or attempts to hinder, obstruct, molest, or interfere with, any officer,
employee or agent of the Council, or any inspector or administrator, in the execution of his duties under the law,
or fails to comply with any reasonable requirement demanded of him by any such officer, employee, agent, inspector or administrator
as aforesaid or otherwise to assist him in the carrying out of the said duties, or knowingly furnishes such officer or employee
or agent or inspector or administrator with false information required for the purpose aforesaid; or
(b) knowingly makes a declaration or provides information for any of the purposes of this Act which is false,
misleading or incorrect in any material respect;
shall be guilty of an offence against this Act and shall be liable on conviction to a fine (multa).
(2) Any person who fails to comply with the provisions of any regulations providing for anti-doping measures or regulating or
p r oh ib iti ng the unsan ctio ned use o f pro h ib it ed sub s tances or regulating behaviour in sport facilities shall on conviction
be liable to imprisonment for a term of not less than three months but not exceed ing ten years or to a fi ne ( multa ) of no t less than four hundred and sixty-five euro and eighty-seven cents (465.87) but not exceeding twenty-three thousand and
two hundred and ninety- three euro and seve nty-three cent s (23, 293.73) or to both such imprisonment and fine.
(3) Any person who fails to comply with the provisions of this Act or of any regulations made thereunder shall be guilty of an
offence under this Act and shall, unless a partic ular penalty is provided for in this Act or is otherwise prescribed be liable,
on co nv ict i on , t o a fi ne (mu lta ) of no t less t h an on e hu nd red an d sixteen euro and forty-seven cents (116.47) and not more than one thousand and one hundred
and sixty-four euro and sixty-nine cents (1,164.69).
(4) The punishments provided in this Act shall be without prejudice to the application of the provisions of the Criminal Code or of any other law.
Prescription. 56. Notwithstanding any other law, proceedings for an offence under this Act may be comm enced at any tim e within six years from the commission of the offence.
FIRST SCHEDULE
(Article 16)
List of facilities allocated to Clubs/Associations/Federations:
Marsaskala Sports Club Wa terpolo pitch and club house
Triq iż-Żonqor, Marsaskala
Marsaxlokk Aquatic Sports
Club
Neptunes W a terpo l o & Swimming Club
San Ġ il jan Aquati c Sports
Club
Barracudas Aquatic Spor ts
Club
Wa terpolo pitch and club house
Wa terpolo pitch and club house
Wa terpolo pitch and club house
Wa terpolo pitch and club house
Pont a tal-Qre jten, Marsaxlokk
Triq il-Kbira, St Julians
Triq Ġorġ Borg Olivier, St
Julians
Triq Stella Maris, St Paul’s
Bay
Sirens Aquatic Sports Club Wa terpolo pitch and club house
Sliema Aquatic Sports Club Wa terpolo pitch and club house
Exiles Sports Club Wa terpolo pitch and club house
Xatt il-La n ċ a, T r iq S .
Ġeraldu, St Paul’s Bay
Taħt il-Fonizza, Sliema
Triq it-Torri, Sliema
Ta ’ Xbiex Aquatic Sports
Club
Wa terpolo pitch and club house
Triq ix-Xatt ta’ Ta’ Xbiex, Ta’ Xbiex
Malta Football Association National Stadium, car park training g r ounds and a piece of land
Ta’ Qali
As so ċ jazz joni Sportiva
Hibernians
Ding li Swallo ws Footb a ll
Club
Football pitch and training ground (including premises annexed thereto)
Sports pavilion an d basketball court
Piece of land
7 - a-side football pitch
(i nc lu di ng p r e mise s
annexed thereto)
Football pitch and dressing rooms
Sport Complex, Kordin
T r iq l-Isq o f Buhagiar , Kordin
T r iq Carmelo Bu geja, Dingli
Marsaxlokk Football Club Football pitch and dressing rooms
Mellieħa Sports Club Football pitch and dressing rooms
Mosta Football Club Full size football pitc h, five-a-side football pitch and dressing rooms
Pietà Hotspurs Football Club Football pitch and club house
T r iq it-T r un ċ ie ra , Marsaxlokk
Tr i q Vi nc enzo Ci appara, Mellieħa
Triq Manwella, Mosta
Triq id-Duluri, Pietà
Luxol Sports Club
(St Andrews)
Fo otb a ll pitch (in c lu ding all pr emises annexed thereto)
Administrative block
2 five-a-sd e football
p i tches (including all
premises annexed thereto)
Gynmasium
St Andrews Road, St Andrews
Santa Lucia Football Club Full size football pitch with spectators’ stand and club house including dressing rooms
Sirens Football Club Football pitch and dressing rooms
Siġġiewi Football Club F u l l s i z e f o o t b a l l p i t c h (including premises annexed thereto)
Dawret it-T orri, Santa
Luċija
T r iq il -W ile ġ , S t Paul’s
Bay
l/o Wied Ħesri, Siġġiewi
Ta rxien Rainbows Fo otball
Club
Football pitch, club house and dressing rooms
Triq San Franġisk, Tarxien
Vittoriosa Stars Football Club Football pitch Tal-Fortini f ’San Dwardu, Vittoriosa
Żabbar St Patrick’s Football
Club
Football pitch and dressing rooms
Barra s-Swar, Żabbar
Żurrieq Football Club Football pitch and dressing rooms
Valletta Road, Żurrieq
Scouts Association of Malta Land at Għajn Tuffieħa Għajn Tuffieħa
Mosta Girl Guides Premises at Mosta Triq id-Dwar, Mosta
Birżebbuġia Boċċi Club Boċċi pitch and club house T r i q S a n P a t r i z j u , Birżebbuġia
Bir ż ebbu ġ ia Aquatic Sports
Club
Wa terpolo pitch and club house
T r iq il -Bajj a s-Sabi ħ a, Birżebbuġia
Lija Boċċi Club Boċċi pitch and club house Tr i q i t - Tr a s f i g u r a z z j o n i , Lija
Lija Tennis Club Tennis court
Dressing room
Triq Karlu Darmanin, Lija Tr iq it -Tr a sfi g u r a z z j o n i , Lija
Marsa Regatta Club Club house Il-Moll tal-Braken, Marsa
Mosta Cycling Club Club house Triq id-Dwar, Mosta
Hockey Association Malta Immovable property (including 2 hockey pitches and dressing rooms)
Tennis Club Kordin 4 tennis courts, club house and dressing rooms
Vittoriosa Lawn Tennis Club 4 tennis courts, club house and dressing rooms
Hockey Complex, Kordin
Sport Complex, Kordin
Sport Complex, Kordin
Paola Boċċi Club Boċċi pitch and club house Triq il-Wied, Paola
Pawla Wolves Sports Club Boċċi pitch and club house T r i q i t - Te l g ħ a ta’ Ra ħ al
Ġdid, Paola
Malta Judo Federation Land at Pembroke Pembroke
Melita Football Club Football pitch Pembroke
Pembroke Tennis Club 2 tennis courts Triq Tunis, Pembroke
Pembroke Athleta Sports Club B a s k e t b a l l p i t c h a n d clubhouse
Pembroke
Malta Tennis Federation Land at Pembroke Pembroke
BMX Association Land at Pembroke Pembroke
Island Radio Model Car Club Land at Pembroke Pembroke
Qormi Hockey Club Hockey pi tch and club house
T r iq Manwel Dimec h , Qormi
Senglea Boċċi Club Boċċi pitch and club house T r i q i l - Ħ abs l-Antik, Senglea
Paola/Tarxien Boċċi Club 2 B o ċċ i pitches and club house
Tr iq i t - Te m pj i Ne ol it i ċ i, Tarxien
Żabbar St Peters Boċċi Club Boċċi pitch and club house Triq San Leonardu, Żabbar
Żabbar Boċċi Club Boċċi pitch and club house Triq il-Kunvent, Żabbar
Żebbuġ Boċċi Club Boċċi pitch and club house Triq Pariżi, Żebbuġ
Żejtun Boċċi Club Boċċi pitch and club house T r i q i d - D a ħ la t a ’ San
Tumas, Żejtun
Guy Boċċi Club Żurrieq Boċċi pitch and club house Triq il-Mitħna, Żurrieq
Sannat Lions Football Club Football pitch, complete with spectators’ stand and club house
Malta Basketball Association Ba sketball court, dressing rooms and office
Birkirkara Scout Group E x - c a m p s i t e B a ħ ar i ċ -
Ċagħaq
Tr iq il-Marż iena, Sannat, Gozo
Ta’ Qali
Baħar iċ-Ċagħaq
Pembroke/St Andrews Scout
& Pembroke/ N ort h Dist ri ct
Girl Guides
Part o f San dhu rst Scho ol grounds
Pembroke
South District Scouts Group P a r t of ex-Rinella WT Station
Daħla tar-Rinella
Hamrun Liberty Sports Club Boċċi pitch and club house T r i q M i l e E n d c / w T r i q
Schembri, Ħamrun
Birkirkara Football Club Football pitch and dressing rooms
5-a-side football pitch
Marsa Football Club Football pitch and dressing rooms
Mqabba Football Club Football pitch and dressing rooms
T r iq Bontadi n i c/w T r i q
P.P. Castagna, Birkirkara
Triq Diċembru 13, Marsa
Triq il-Madonna tal-Ġilju, Mqabba
Pembroke Athleta Sports Club Land at Pembroke Pembroke
Qormi Football Club Football pitch and dressing rooms
Triq Valletta, Qormi
St. Patrick’s Athletics Club Club house Dawret il-Gudja, Gudja
Birkirkara Tennis Club Land at Birkirkara Għar il-Ġobon, Birkirkara
Rinella Tennis Club T e nnis court and clu b house
E x -Ri n e lla W T S t a tio n, Rinella
Malta Sports Council Marsa Sports Complex M a r s a a c c o r d i n g t o t h e attac h e d plan marked Schedule 1A
Malta Sports Council Cottonera Regional Sports
Complex
Cottonera according to the attac h e d plan marked Schedule 1B
Malta Amateur Athle tic
Association
Premises at Marsa 6 a n d 7 T r i q i t - T i ġ rija, Marsa
Kirkop Boċċi Club Club house and boċċi pitch Triq Salvu Sacco, Kirkop
Santa Lucia Boċċi Club Club house and boċċi pitch Vjal Oleander, Santa Lucia
Qrendi Boċċi Club Club house and boċċi pitch T riq Anto ni o C h i r co p, Qrendi
San Bastjan Boċċi Club Club house and boċċi pitch Ta’ l-Istabar, Triq Manuel
Dimech, Qormi
Pietà Boċċi Club Club house and boċċi pitch Triq Marina, Pietà
Wied il-Għajn Boċċi Club Club house and boċċi pitch T riq Santa T e re ż a c / w Pjaz za Dun Ta r ċ is Agi us, Wied il-Għajn
Mosta Boċċi Club Club house and boċċi pitch Trejqa tal-Paroċċa, Mosta
Fgura Football Club Football groun d and dressing rooms
Triq A.M. Valperga, Fgura
Żejtun Red Stars AFC Club house and store Triq San Girgor, Żejtun
Mellieħa Sports Club Land ad jacent to football ground
Gozo Football Association F ootbal g r ound and premises
Birżebbuġa Shooters Club Shooting club and shooting range
T r iq Qasam Ba rra n i , Mellieħa
T r iq I -Im ġ arr, Xewkij a , Gozo
Ħal Far
Regatta Club Cospicua Club house and stores T r i q S a n t a T e r e ż a, Cospicua
Għaqda Sajjieda u Dilettanti
Buġibba
Land adjacent to Tr iq il- Knisja
Bu ġ ib ba l/ o Sa n Pawl i l - Baħar
Rabat Scouts Group Land at Rabat Triq Rudolph Saliba, Rabat
Ma lta Playing Fiel ds
Association
Premises at Ta’ Xbiex Triq ix-Xatt ta’ Ta’ Xbiex.
Ta’ Xbiex
Paola Wolves Sports Club Land al Paola Telgħet Raħal Ġdid, Raħal
Ġdid
Mar s a Sp orts an d C ountry
Club
Land at Marsa Marsa
Young Sailors Club Site at St Paul’s Bay St Paul’s Bay
Assoċjazzjoni Sport Floriana Site at Floriana S p o r t C o m p l e x , T r i q Vincenzo Dimech c/w Triq il-Mall, Floriana
Floriana Football Club Football grou nds and dr essin g rooms/pu mp room
Sport Co mp lex, T r iq
Vincenzo Dimech c/w Triq
il-Mall, Floriana
Young Stars Hockey Club Hockey pitch S p o r t C o m p l e x , T r i q Vincenzo Dimech c/w Triq il-Mall, Floriana
Floriana Basketball Club B a s k e t b a l l c o u r t a n d dressing rooms
Sport Co mp lex, T r iq
Vincenzo Dimech c/w Triq
il-Mall, Floriana
Floriana Boċċi Club Club house and boċċi pitch S port Co mp lex, T r iq
Vincenzo Dimech c/w Triq
il-Mall, Floriana
Drag Racing Association Site at Ħal Far Ħal Far
Island Karting Club Site at Ħal Far Ħal Far
Marsa Boċċi Club Club house and boċċi pitch K umpless sportiv, T r iq
Diċembru Tlettax, Marsa
St George’s Football Club Club house 14 Blokk A, T r iq il- Pellegrina, Cospicua
Ċentru Boċċi Buġibba Club house and boċċi pitch Islet Promenade, Buġibba
G ħ aqda Sajjieda Dilet t anti
Birżebbuġa
Site at Birżebbuġa Birżebbuġa
Birkirkara Scout Group Land at Baħar iċ-Ċagħaq Baħar iċ-Ċagħaq
Malta Mode l Aircraft Flying
Association
Land at Ta’ Qali Ta’ Qali
SECOND SCHEDULE Amended by:
L.N. 427 of 2007.
(Article 2)
STATUTE OF THE MALTA OLYMPIC COMMITTEE (as amended on the 7th March 2001 )
1 NAME
1.1 The Organisation shall be called "The Malta Olympic Committee" hereinafter referred to as the MOC
and shall be the supreme and exclusive authority on m a tters relating to representati on o f Malt a at the Olym pic Gam
e s, Commonwealth Games, Mediterranean Games, Games of Small States of Europe and other Intemational Games which fall under the jurisdiction
of the Malta Olympic Committee.
1.2 The MOC is autonomous and shall resist all pressures of any kind whatsoever, whether political, religious, racial
or economic, and commits itself to taking action against any form of discrimination and violence in sport. Moreover, this statute
shall, at all times, be in accordance with the Olympic Charter. The MOC undertakes to comply with the rules and bye-laws of the IOC
with regards to the participation of athletes in the Olympic Games.
1.3 The Malta Olympic Emblem is designed as follows: A Red Maltese Cross above five interlaced rings, known as the "Olympic
Rings" - blue, yellow, black, green and red - arranged in that order from left to right, the blue colour being placed on the
top left hand side. Th e Flag shall consist of the MOC Emblem on white background. These have been approved by the International
Olympic Committee (IOC) and are the exclusive property of the MOC. Should an anthem be adopted by the MOC, this will have to be approved
by the IOC. The address of the MOC shall be at the National Swimming Pool Complex, Gzira, or at any other address as the Executive
Board may from time to time decide.
1.4 The language of the MOC is the Maltese language. The Maltese and English languages shall be the official languages of the MOC
and the administration may for all official purposes use any of such languages.
2 OBJECTIVES
2.1 The objectives of the MOC shall be:
2.1.1 To encourage and promote interests in such sports as may form part of the Olympic Games, Commonwealth Games, Mediterranean
Games, Games of the Small States of Europe as well as any International Games, for which participation falls under the jurisdiction
of the MOC.
2.1.2 To foster and if necessary subsidise the representation for Malta at the Olympic Games, Commonwealth Games and Mediterranean
Games, Games of Small States of Europe as well as any International Games.
2.1.3 To ensure that preparations by prospective participants are of a standard that would ensure participation with honour in
all events.
2.1.4 To contribute in any way to the propagation of the Fundamental Principles of the Olympic Movement. Consequently the MOC shall:
(a) Propagate the fundamental principles of Olympism at national level within the framework of sports activity and otherwise
contribute, among other things, to the diffusion of Olympism in the teaching programmes of physical education and sport
in schools and university establishments. The MOC is to see to the creation of institutions, which devote themselves
to Olympic education and in particular to concern itself with the establishment and activities of National Olympic Academies,
Olympic Museums and cultural programmes related to the Olympic Movement.
(b) Ensure the observance of the Olympic Charter. (c) Encourage the development of sport.
(d) Help in the training of sports administrators.
(e) Fight against the use of substances and procedures prohibited by the
IOC or the IFs.
(f) Work to maintain harmonious and cooperative relations with appropriate governmental bodies. Nevertheless, the
MOC shall preserve its autonomy and resist all pressures of any kind, including those of a political, religious or economic
nature, that may prevent it from complying with the Olympic Charter.
2.1.5 To offer solutions to the various problems of sport in Malta and to develop sport in general in Malta.
2.1.6 The Malta Olympic Committee, an organisation belonging to the Olympic Movement, hereby undertakes to respect the provisions
of the Olympic Charter and the Olympic Movement Anti Doping Code and to abide by the decisions of the IOC.ż
The MOC undertakes, in accordance with its mission and role at national level, to participate in actions to promote peace and to promote
women in sport, and to support and encourage the promotion of sport ethics, to fight against doping and to demonstrate a responsible
concern for environmental issues.
2.1.7 The mission of the MOC is to develop and protect the Olympic Movement in Malta in accordance with the Olympic Charter. In
order to fulfil its mission, the MOC may cooperate with governmental or non-governmental bodies. However, the MOC must never associate
itself with any activity, which would be in contradiction with the Olympic Charter.
3 AFFILIATION
3.1 The MOC shall be affiliated to the International Olympic Committee, Com m onw eal th Gam es Fed erat ion , Medit erranean
Games Org anisat ion and the Gam es of the Sm all States of Europe. The MOC may also affiliate to any other international sports
organisation.
4 CONSTITUTION
4.1 The MOC shall consist of:
4.1.1 Affiliated Associations / Federations / Sport Unions.
4.1.2 The President and General Secretary of the MOC.
4.1 3 The Maltese member(s) of the IOC.
4.1.4 Olympians as specified in art 5.1.15.
4.1.5 Government or other public authorities shall not designate any members of an NOC.
4.1.6 The individual members of the MOC, with the exception of those who devote themselves to the administration of sport, shall
accept no salary or bonus of any kind in consideration for the performance of their functions.
4.1.7 A member, honorary member or any person expelled from the IOC may not be a member of the MOC.
5 ELIGIBILITY FOR AFFILIATION
5.1 All properly constituted active local Associations / Federations / Sport Unions organising, on a national level, a
sport which forms part of the programme of any Games that fall under the jurisdiction of the MOC, or a sport which is either recogni
sed by th e IOC o r any other sport, in cludin g trad itio nal sport , shall be eligible for affiliation to the MOC.
The MOC shall include all national federations affiliated to the IFs g o v e r n i ng spo r ts incl uded in t h e p r og
ramme o f t h e O l ym pic Games or th e represe n tatives des i gnated by the m (w i t h a m i nimu m of five such n a ti onal feder
a tio ns). Pro o f must be ad duced that th ese natio nal feder a tio ns exer cise a specific and real sport activity in their country
and internationally, in particular by organizing and participating in competitions and implementing training programmes for athletes.
The MOC shall not recognize more than one national federation for each sport governed by such IF.
Athletes or retired athletes having taken part in the Olympic Games; however, the latter must retire from their posts at
the latest by the end of the third Olympiad after the last Olympic Games in which they took part.
The NOCs may also include as members:
a) National federations affiliated to IFs recognized by the IOC, the sports of which are not included in the programme of the Olympic Games.
b) Multi-sport groups and other sport-oriented organizations or their representatives, as well as nationals of the country liable to reinforce the effectiveness of the MOC or who have rendered distinguished services to the cause of sport of Olympism.
5.1.1 Each particular sport shall be represented in the Malta Olympic Committee by one Association/Federation/Sport Unions.
5.1.2 All applications for affiliation shall be examined by the Executive Board in order to verify whether such applications are
in conformity with these Rules. The Board will then submit its recommendations to the Council for final decision.
5.1.3 If it results to the satisfaction of the MOC Executive Board that any affiliated Association/Federation/Sport
Union is in default in respect of any of the criteria for affiliation as established in this article, the Executive Board will then
recommend to the Council that such Association/Federation/Sport Union be either suspended or expelled. The Executive Board may also
make such recommendation for any reason which it deems fit. The Council will then have the power to suspend for a definite time or
expel such Association/Federation/Sport Union.
5.1.4 A motion of removal of an affiliated Association/Federation/Sport Union or an y i nd iv idu al me mb er must appear on the
Agenda of the meeting and shall require the approval of at least two-thirds of the members present at the meeting for its adoption.
5.1.5 Any individual may be suspended or otherwise dealt with. He shall be notified by registered letter within seven days of suspension,
the date and period of suspension.
5.1.6 An Association/Federation/Sport Union which is suspended shall be notified by registered letter by not later than
seven days of the decision indicating the date and period of suspension.
5.1.7 A term of suspension commences from the time it is pronounced by the MOC unless otherwise stipulated and does not expire
until the close of the day named in the decision.
5.1.8 Any properly constituted active local sports Association/Federation/Sport Union, which is not an MOC affiliated Association/Federation/Sport
Union, and which must have been set up for at least two years, may be accepted by the Council, with a unanimous vote, as an Associate
member of the Malta Olympic Committee.
5.1.9 An Association/Federation/Sport Union which potentially can become a full member of the MOC requires a two thirds majority
vote of the Council to be accepted.
5.1.10 One representative of each Associate member shall have the right to attend
Council Meetings, but shall not have the right to vote.
5.1.11 Associate and/or recognised members may benefit from any programme or project of the Malta Olympic Committee.
5.1.12 The MOC shall recognise the Olympians Club composed of athletes or retired athletes having taken part in the Olympic Games.
5.1.13 The Olympians Club shall be constituted according to Annex C.
5.1.14 For the purpose of representing of the Olympians Club on the MOC Council, such athlete will only be eligible up
to the third Olympiad after the last Olympic Games in which he/she took part.
5.1.15 The Olympians Club shall have one representative on the Council.
6 GOVERNING BODY
6.1 The Council shall be the highest organ of the MOC and will be the policy- making body.
6.1.1 The President of the MOC, the General Secretary of the MOC and the two representative s of each of the affiliated Associations/Federa
tions/Sport Unions, whose fees are paid up, shall constitute the Council and shall have voting powers. The President shall also have
a casting vote.
6.1.2 Legal representation of the MOC shall be vested in the person or persons so appointed for the particular issue by the Management
Committee. All Elected members of the Executive shall assume office immediately after the meeting at which they are elected and remain
in office until the end of their respective term of office or until they retire. Members will be eligible for re-election.
6.1.3 The Council shall have the power to co-opt not more than four members from outside the Organisation for a period of not more
than one year. However, the Council may appoint any number of individuals to assist on any specific project which does not have a
direct bearing on the administration of the MOC.
6.1.4 The President and General Secretary of the MOC shall relinquish their post as Pr esident, General Secr etary or Tr easurer
of any af f iliated Association/ Federation/Sport Union, if they hold such posts on being elected as officers of the
MOC. The President and General Secretary of the MOC cannot hold the post of President, General Secretary or Treasurer with any affiliated
Association/Federation/ Sport Union.
7 THE COUNCIL
7.1 The Council shall have the power to administer the affairs of the MOC and shall consist of the following:
7.1.1 The President of the MOC.
7.1.2 The General Secretary of the MOC.
7.1.3 The Maltese member/s of the IOC.
7.1.4 The co-opted members but without the right to vote.
7.1.5 Two representatives of each of the affiliated Associations/Federations/ Sport Unions.
7.1.6 The members of the Executive Board who are not the Council Members, but without the right to vote.
7.1.7 Representative of the Olympians Club.
8 COUNCIL REGULATIONS
8.1 The Council will meet at least three times in a year, once during January/ March , ano t h e r ti me du ri ng Ju n e /Ju l
y an d t h e th ir d ti me du ri ng No vemb er/ December.
8.2 Documents to be discussed and approved by Council shall be submitted to all council members at least 30 days prior to the meeting.
8.3 Twenty-five per cent of all the members of the MOC having the right to vote shall form a quorum at all meetings. If the said
quorum is not attained after one hour from the scheduled time, a second meeting shall be convened not before 7 days and not later
than one month from the date of the first meeting and the quorum shall be the members present at the second meeting.
8.4.1 The following shall have the right to vote at all meetings:
a) The President;
b) The General Secretary;
c) The Maltese Member/s of the IOC, if any;
d) Two representatives of each of the affiliated Associations/Federations/ Sport Unions.
e) Representative of the Olympians Club.
8.4.2 The President and General Secretary have no vote in respect of the elections of the Executive Board members.
8.5.1 When dealing with questions relating to the Olympic Games, only the votes cast by national federations affiliated to
IFs governing sports included in the programme of the Olympic Games are taken into consideration.
8.5.2 The MOC shall not recognise more than one national federation for each sport governed by such IF.
Furthermore, such national federations or the representatives chosen by them must constitute the voting majority of the MOC on Olympic
matters.
When the representatives do not reach agreement on whether the subject
discussed is an Olympic matter or otherwise, the President or person chairing the meeting shall rule on what constitutes an Olympic
matter basing his decision on what is p r o v ided in th e Olympic Charter. Such ruling shall no t be subject to challenge by Council
Members.
8.5.3 Save as specified on Art. 8.8.2 all votes shall be determined by simple majority of the members present.
8.6 All voting at all council meetings shall be determined by the show of hands unless a secret vote is called by any member.
8.7 Council meetings shall be summoned by the Secretary General, following a discussion by the Executive. The Secretary General
shall inform all those entitled to attend by means of a circular to be sent by not later than sixty (60) days prior to the meeting.
The accidental non-receipt of the Agenda or any document attached to it shall not be considered in any way an infringement of this
sub-section.
8.8.1 Amendments to the Statute can be proposed in the first council meeting of the year, by the Executive Board or by an affiliated
Association/Federation/Sports Unions as long as they are submitted to the Secretary General of the MOC at least six weeks before
the meeting in order to be sent to all members thirty (30) days prior to the council meeting.
8.8.2 Amendments carried require the approval of two-thirds of the members present with the right to vote. However am endm ents
to the annexes shall only require a simple majority for amendments.
8.8.3 Any subsequent change to the statutes as originally approved by the IOC
shall also be communicated to the latter with a request for approval.
8.9.1 In the last meeting in the year of the Olympic Games the Council will elect the President and the Secretary General of the
MOC and the other members of the Executive Board consisting of the Deputy President, the Director of Finance, the Director of Sport
and eight (8) other directors. This meeting shall be known as the Elective General Assembly.
8.9.2 Save as provided below, the eight persons polling the highest number of votes during the Elective General Assembly shall
be declared elected. In the case of a tie for the last elec ted Director, there wi ll be fu rt her el ectio ns betw een the candidates
who obtained the same number of votes.
However, the gentleman and lady obtaining the highest number of votes from gentlem e n or ladi es standing for ele c tion, sh all
be decla r ed e l ect ed notwithstanding that he/she is not included with the top eight, provided that he/she shall have obtained
a minimum of 10% of the valid votes cast. In this latter case, the last elected candidate will be replaced by the gentleman/lady
as specified in the sub- section. Should no gentleman/lady be elected as stated above, the Executive shall, during its first meeting
co-opt its eighth director accordingly with full voting rights.
8.10 Notice of resolutions must reach the Secretary General of the MOC at least six weeks prior to the meeting. Resolutions not notified
may not be discussed until the appropriate procedure is followed.
9 MOC EXECUTIVE BOARD
9.1.1 The Executive Board will be responsible to put into effect the policy as decided by the Council and to run the affairs of
the MOC in conformity with that policy.
9.1.2 The Executive Board will consist of the persons elected as per article 8. They shall hold office from the moment they are
declared elected up to the next
Elective General Assembly. The Executive shall appoint from amongst its members, directors responsible for the various duties mentioned
in 9.2 below or any other duty, which it feels fit to assign.
9.1.3 The Maltese IOC member/s shall be ex officio member/s of the Executive
Board.
9.1.4 The duties of the Executive Board, inter alia, are the following:
a) Deal with all business of the MOC (not policy);
b) Deal with urgent business of the MOC on behalf of the MOC. These decisions are to be ratified later at the first Council Meeting;
c) Raise funds and take charge of teams representing Malta.
9.1.5 The Executive Board is summoned by the President or Secretary General at least ten times a year or at the request of two
members. Six members shall form a quorum.
9.1.6 There shall be a Management Committee of the MOC. This shall consist of the President, Deputy President, Secretary General,
Director of Finance and Director of Sports.
9.1.7 The Management Committee shall be responsible for the day to day management of the MOC according to the policy
established by the Council.
9.1.8 The Management Committee shall meet as often as required. Three shall constitute a quorum.
9.1.9 The minutes of the Management Committee shall be approved by the Managemen t Commit tee. However, th ey shall be
circulated to al l Executi ve Committee Members.
9.1.10 The Management Committee shall not borrow or enter into any loan agreements totalling more than fifty-eight thousand
and two hundred and thirty-four euro and thirty-three cents (€58,234.33) without the prior approval of the Council. It cannot hypothecate
MOC property without the prior approval of Council.
9.1.11 Once every six months the Management Committee shall hold a meeting with the Presidents of the Associations/Federations/Sports
Unions whose sports is included in the next Olympiad, and of the other Sports Associations/Federations/ Sports Unions separately.
In special cas es, if the President of an Association/ Federation/Sports Union cannot attend, his/her Deputy President or his/her
Secretary General can attend instead of him/her.
9.2 Specific Duties
9.2.1 The duties of Executive Board members are the following:
9.2.2 The President will chair all meetings of the Council, the Executive Board and the Management Committee. The President shall
be ultimately responsible for all matters and he has the right to exercise the casting vote.
9.2.3 The Deputy President will perform all the duties of the President in his absence. He will be responsible for the functioning
of all the commissions of the MOC and also to act as coordinator in respect of such MOC Commissions.
9.2.4 The Secretary General will be responsible for the running of the secretariat and the day to day running of the MOC. He will
also be responsible for the relations with member Associations/Federations/Sport Unions.
9.2.5 Director of Finance will be responsible for finance and will also present a yearly budget for approval to the Executive Board.
The Director of Finance will
present p r ofessionally audited accounts of t h e p r ecedin g year du ring th e first Council Meet ing of each y e ar, ex cept f
o r th e f i rst Council Meet ing of th e Quadrennial. He shall pres ent the pr ofes sionally audited accounts for the Quadrennial,
during the Elective General Assembly.
9.2.6 Director of Sport will be responsible for the sports programme and technical programme of the MOC. He will co-ordinate
with member Associations/ Federations/Sport Unions as far as technical matters are concerned. He will also be responsible for sports
facilities. He will act as chairman of the sports commission. He will be responsible for all m a tters conn ected with t h e Olympic
Games, Mediterranean Games, Commonwealth Games, Games of the Small States of Europe and the European Youth Olympic Days.
Other duties of members elected on the Executive Board, could include
that of
9.2.7 Deputy Secretary General who will work in close collaboration with the
Secretary General and will deputise for him in his absence.
9.2.8 Director of Marketing who will be responsible for the planning and execution of a marketing programme. He will
be responsible for the relations with sponsors. He will safeguard the emblem and marks of the International Olympic Committee and
of the Malta Olympic Committee.
9.2.9 Director of Media and Public Relations who will be responsible to project the right image of the MOC and to inform the public
on all activities organised by the MOC. He will be responsible for all MOC publications and ancillary matters.
9.2.10 Director of Youth Programme who will be responsible to formulate a policy on young athletes and on the role of sport
in education at all levels. He will be responsible for the organisation of the Log?ob g?a?-?g?a?ag? (Malta Olympic Youth Sports Fest)
and for all matters connected with the European Youth Olympic Days and Giochi della Gioventù.
9.2.11 Director of the Olympic Academy who will be responsible to set up the Academy and to h old reg ular courses and semi nars
for the promul gation o f the Olympic Ideals and he will also be resp onsi bl e for the Sport s Li brary and t h e Museum.
9.2.12 Director of Relations with Government who shall be responsible to discuss and improve the relations with Government Departments
(eg. Income Tax, VAT) and Author ities ( P lanning, Tourism) , in or der to im prove the position o f MOC, it s affiliated federations,
and sports Associations/Federations/Sport Unions in general in Malta.
9.2.13 Director responsible for Sport for All.
9.2.14 Director responsible for Ethics.
9.2.15 The Executive is empowered to assign the above-mentioned duties as well as other duties to be decided upon, to anyone of the
Executive Directors, including members of the Management Committee, and may assign more th an on e of the above-mentioned duties
to the same director, as well as assign part of these duties to one director and part to another director.
9.3 Vacancies
9.3.1 Vacancies of executive Board Members must be filled not later than two months from the date that the Council meets and acknowledges
a resignation, or other reason that creates a vacancy. Meetings called for the purpose of election of officers must be notified to
all members at least fifteen days in advance.
10 ELECTIVE GENERAL ASSEMBLY
10.1 The last Council meeting held in the year of the Olympic Games will be dee m e d as the Elective General Assembly. Th e Ag enda
shall o n l y in cl ud e th e following:
a) Address by the President.
b) Review of activities by Directors.
c) Approval of audited accounts.
d) Election of the President, the Deputy President, the Secretary General, the Director of Finance, the Director of Sport and eight (8) other directors.
e) Appointment of a qualified Auditor.
10.2 Nomination for any post must be duly proposed by any one Association/ Federation/Sport Union and seconded by another member
Association/Federation/ Sport Union. The nominated candidate must signify his acceptance even if this is done by fax. All nominations
are to be acknowledged in writing.
10.3 These nominations are to be submitted to the MOC secretariat at least 42 days in the case of the President and 28 days in the
case of the other Directors prior to the Elective General Assembly or any Council Meeting where elections are to be made and will
be circulated to all member federations ten days before such meetings.
11 EXTRAORDINARY COUNCIL MEETINGS
11.1 Extraordinary Council Meetings shall be called any time they are requested by the President, or by the Executive Board or by
at least one fourth of all member Associations/Federations/Sport Unions have the right to vote. The objectives of calling such a
meeting must be clearly stated. No item other than that/those specified on the Agenda shall be decided. "Any other matter"
is not to be considered as a specific item.
12 COMMISSIONS
12.1 The Executive Board shall nominate the following commissions and any other commission as the Board may deem fit:
a) Medical;
b) Legal;
c) Athletes;
d) Women;
12.1.1 The Chairman of each Commission are to attend in an observer capacity to the Executive Board meetings whensoever they shall
be called upon to do so.
12.1.2 The President, the Deputy President and General Secretary will be ex officio members on all commissions.
12.1.3 All reports shall be presented to the Executive Board in writing. These reports will be presented also to the Council.
13 SUB-COMMITTEES
13.1 Sub-committees and/or special committees may be appointed by the Council to consider and report upon any question that may be
referred to them. The number to form a special committee or sub-committee and the number to form a quorum shall be determined by
the Council.
13.2 The President, the General Secretary and Deputy President shall be ex officio members on all committees. All reports shall be presented to the Council in writing and after having been read and adopted shall be
noted in the minutes.
14 APPEALS
14.1 Any decision taken by a Disciplinary Tribunal set up by the Malta Olympic Co mm i ttee may be sub m i tted exclusively b y way
of appeal t o the Cou r t of Arbitration for Sports in Lausanne, Switzerland, which will resolve the dispute definitely in accordance
with the Code of Sports-Related Arbitration. The time limit for appeal is twenty-one days after reception of the decision concerning
the appeal.
15 RESIGNATIONS
15.1 Executive board members failing to attend three (3) consecutive meetings or a total of five (5) out of (9) meetings without
justified reasons or fail to do their duties according to the terms of reference as stated in Rule 9.2, shall be considered as not
in good standing. Such persons shall be considered as having resigned if they do not justify their case at the first Council Meeting
after such default.
15.2 A registered letter should be sent to such persons to attend this Council
Meeting.
16 RESOLUTIONS
16.1 A resolution shall not be rescinded unless the counter resolution has the support of two-thirds of the members present.
17 PRIVILEGED MATTERS
17.1 All matters discussed at MOC meetings shall be deemed as privileged. Howev e r, t h e MOC may fro m tim e to t ime
in fo rm an y member Asso ciat ion / Federations/Sports Union, or the media about its decision.
18 ADJOURNMENT
18.1 Any business or motion not dealt with by the closing of the meeting shall be adjourned and given priority at the next meeting.
19 FINANCIAL YEAR
19.1 The financial year of the MOC will be from the beginning of November till the end of October.
20 OLYMPIC RULES
20.1 Matters relating to international participation and not provided for in the statute shall be dealt with in accordance with the
IOC rules, or rules governing the international event at the ti me. Shou ld there be any dou bt concerni ng the interpretation of
this constitution or omissions or discrepancies between it and the provisions of the "Olympic Charter", the latter shall
prevail.
20.2 The MOC shall constitute, organise and lead its delegation at the Olympic Games and at the regional, continental or world multi-sports
competitions patronised by the IOC. The MOC shall be responsible for the behaviour of the members of its delegations.
20.3 The Malta Olympic Committee shall have the exclusive powers for the representation of Malta at the Olympic Games and
at the regional, continental or world multi-sports competitions patronized by the IOC.
The Malta Olympic Committee has the authority to apply to organize International Games in Malta. The MOC shall comply with
rules 31 - 35 and the bye- laws to Rules 31 and 32 of the Olympic Charter.
21 SUSPENSION
21.1 Any member not conforming with any directive given by the Chairman during any meeting may be suspended by the Chairman.
22 RECOGNITION OF NATIONAL ASSOCIATIONS / FEDERATIONS / SPORT UNIONS
22.1. The MOC Council shall have the power to grant the status of Associate member to any Association/Federation/Sport Union. Such
associate member may attend Council Meetings but shall not have the right to vote. However, the President may grant the representative
of such Association/Federation/Sports Union, the right to address the Council.
22.2 The MOC Council shall have the power to give recognition to the National Associations/Federations/Sports Union. A recognised
Association/Federation/Sports Union may attend council meetings but shall not have the right to vote.
22.3 All affiliated associated, or recognised Associations/Federations/Sports Unions must inform the Malta Olympic Committee
whenever they hold a general meeting, at least fifteen days prior to the date of such General Meeting. The MOC shall appoint a delegate
to attend such General Meeting and to report on business conducted thereat.
22.4. All decisions taken at any General Meeting of an affiliated Association/ Federation/Sport Union are to be notified to the Malta
Olympic Committee within fifteen days.
23 SUBSCRIPTION FFES
23.1 The Annual subscription Fee shall be of fifty-eight euro and twenty-three cents (€58.23) to be paid in advance by the 31st
January of each year. A list of all Associations/Federations/Sport Unions affiliated to the MOC will be circulated during the first
week of February and before the first Council Meeting. Associations/ Federations/Sport Unions who are in arrears for two months shall
after notice of s u ch action be s u spended. Such As so ciatio ns/ F eder atio ns/Spor t U n io ns m a y however be reinstated should
they bring their subscription up to date and pay a fine which the MOC may deem fit, but not exceeding two hundred and thirty-two
euro and ninety-four cents (€232.94).
24 DISSOLUTION
24.1 1n the event of the MOC being dissolved or disbanded the assets shall be divided equally between the affiliated Associations/Federations/
Sports Unions.
25 INTERPRETATION OF THE RULES
25.1 The MOC is the sole interpreter of these rules but should there be any doubt concerning the in te rpretation of this Cons ti
tu tion or omission or discre pancies between it and the provisions of the "Olympic Charter", the latter shall prevail.
...................................................... .................................................. Mr.
Justice Lino Farrugia Sacco Joseph Cassar
President Secretary General
Date
CONTENTS
Index by Subject
Article Subject
18 Adjournment
3 Affiliation
14 Appeals
12 Commissions
4 Constitution
7 The Council
8 Council Regulations
24 Dissolution
5 Eligibility for Affiliation
11 Extraordinary Council Meetings
19 Financial Year
6 Governing Body
25 Interpretation of the Rules
9 MOC Executive Board
1 Name
2 Objectives
20 Olympic Rules
17 Privileged Matters
10 Elective General Assembly
22 Recognition of National Associations/Federations
15 Resignations
16 Resolutions
9.2 Specific Duties
13 Sub-Committees
23 Subscription Fees
5.1.6, 21.1 Suspension of Association
9.3 Vacancies
1.3 Emblem
5.1.4 Removal of Affiliated Fed.
5.1.5 Suspension of Individual
8.8 Amendments
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