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Maltese Laws |
AN ACT to amend the Local Councils Act, Cap. 363.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:
(2) The provisions of this Act shall come into force on such a date as the Minister responsible for Local Councils may by notice in the Gazette establish, and different dates may be so established for different provisions or different purposes of this Act.
(a) for the words "EIGHTH SCHEDULE Approved non-governmental organisations" there shall be substituted the words
"EIGHTH SCHEDULE Financial allocation to Councils";
(b) for the words "NINTH SCHEDULE Listed Hamlets in terms of article 47A and the plans delineating their
Short title and commencement.
Cap. 363.
Amendement of the
Arrangement of
Act.
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boundaries and respective streets" there shall be substituted the words "NINTH SCHEDULE Communities";
(c) for the words "TENTH SCHEDULE Financial allocation to Councils" there shall be substituted the words "TENTH
SCHEDULE Local Councils’ Elections Schedule"; and
Amendment of article 2 of the principal Act.
Amendment of article 3 of the principal Act.
(d) immediately after the words "TENTH SCHEDULE Local Councils’ Elections Schedule" there shall be added the words "ELEVENTH SCHEDULE Regions".
Justice" there shall be added the following new definition:
" "community" means any village as indicated in the Ninth Schedule;"; and
(b) for the definition "financial year" there shall be substituted the following new definition:
" "financial year" means a twelve month period starting from the 1st of January and ending on the last day of December:
Provided that the Minister may, after consultation with the Auditor General, by regulations provide a different interpretation
to financial year.".
(a) immediately after paragraph (c) of subarticle (2)
thereof, there shall be inserted the following new paragraph:
"(d) a Local Council may enter into public private partnerships both with the private sector or with non- governmental organisations,
following approval by the Department for Local Government which shall grant such approval only if it is satisfied that such partnership
would benefit the residents of the locality, and after having obtained the approval of the Minister responsible for finance and of
the Minister responsible for Local Government.";
(b) immediately after subarticle (2) thereof there shall be inserted the following new subarticle:
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"(2A) The Minister shall, after agreement with the Local Councils Association, draw up a written policy regarding Local Government.
No decision taken by a Local Council shall go against that established policy."; and
(c) immediately after subarticle (5) thereof there shall be added the following new subarticle:
"(6) A Local Council proposing to finance a project by means of a loan which would be repayable within a period
longer than eight years shall submit its proposal for the approval of its residents in a referendum.".
"from amongst the councillors" shall be deleted.
(a) for the words "three years" there shall be substituted the words "four years"; and
(b) for the words "the single transferable vote." there shall be substituted the words "the single transferable
vote:" and immediately thereafter there shall be added the following:
"Provided that the elections for councillors for the years 2009 to 2021, both inclusive, shall be held as indicated in the Tenth
Schedule:
Provided further that the Prime Minister may postpone the election of a group of Local Councils by a period of not more than one year
if during that period an election for Members of the European Parliament or a General Election is due to be held, and this
solely in order that the Local Councils elections may be held on the same day as the election for the European Parliament or the
General Election.".
the words "two working days"; and
(b) the second proviso thereof shall be deleted.
Amendment of article 4 of the principal Act.
Amendment of article 8 of the principal Act.
Amendment to article 9 of the principal Act.
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Amendment of article 11 of the principal Act.
Amendment of article 12 of the principal Act.
Amendment of article 15 of the principal Act.
(a) in subarticle (1) thereof for the words "one hundred and sixteen euro and forty seven cents (116.47)" there shall be substituted the words "two hundred euro (200)"; and
Amendment of article 18 of the principal Act.
Amendment of article 19 of the principal Act.
Amendment of article 20 of the principal Act.
(b) in the proviso to subarticle (1) thereof, for the words "two thousand three hundred and twenty nine euro and thirty seven cents (2,329,37)" there shall be substituted the words "two thousand euro (2,000)".
(a) in subarticle (3) thereof for the words "six hundred and ninety eight euro and eighty one cents (698.81)" there
shall be substituted the words "seven hundred euro (700)";
(b) in the proviso to subarticle (3) thereof, for the words "six thousand nine hundred and eighty eight euro and twelve cents
(6,988.12)" there shall be substituted the words "seven thousand euro (7,000)"; and
(c) in subarticle (4) thereof, immediately after paragraph (g) there shall be added the following new paragraph:
Amendment of article 23 of the principal Act.
"(h) first cousin,".
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(a) in the proviso to subarticle (1) thereof, for the word
"three" there shall be substituted the word "six";
(b) in subarticle (2) thereof, for the word "may" there shall be substituted the word "shall"; and
(c) in the proviso to subarticle (2) thereof, for the words "if a Committee of Management is not so appointed", there
shall be substituted the words "until a Committee of Management is appointed".
(a) in subarticle (1) thereof, for the words "any of the Commissioners for Justice who are" there shall be substituted
the words "any Commissioner for Justice who is"; and
(b) for subarticle (3) thereof, there shall be substituted the following subarticles:
"(3) A breach of the Code of Ethics for Local Councillors may result in a referral of his case to the Board which is to be established
by the Minister to deal with cases of breaches of ethics. The Board shall be constituted and conducted in accordance with regulations
made by the Minister. The same Board shall have the authority to deal with the public complaints vis-à-vis the Council.
(4) The Mayor, the Executive Secretary or any member of the Council shall report to the Department for Local Government any
breach of the Code of Ethics committed by any councillor. Following the verification by the Board mentioned in subarticle (3) of
such reports and following a persistent breach of the Code of Ethics, a formal notice shall be issued by the Minister, which formal
notice shall be published within such time as may be provided by regulation under this Act.
Amendment of article 24 of the principal Act.
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Cap. 490.
(5) Any member of the public may also make a claim to the Administrative Tribunal set up in accordance with the Administrative Justice Act whenever he feels aggrieved by an administrative act of a Local Council, that shall include the issue of any orders, licence, permit, warrant, authorization, concession, decisions or refusal of any request made by applicant.".
Amendment of article 25 of the principal Act.
(a) in subarticle (1) thereof, for the words "until the office of Mayor is filled." there shall be substituted the
words "until the office of Mayor is filled:" and immediately thereafter there shall be added the following:
"Provided that if the Mayor vacates office during the Council’s term, the office of Mayor shall be occupied by such person
belonging to the same political party who had obtained the highest number of votes in the first count after the Mayor who is vacating
office:
Provided further that where the law does not provide otherwise, the Mayor shall be chosen from amongst the Councillors.";
(b) immediately after subarticle (1) thereof, there shall be added the following new subarticle:
"(1A) In any case where two or more persons who were elected in the first count obtain the same amount of votes among Councillors
belonging to that party having the majority of Councillors, the office of Mayor shall be filled by the person with the longest experience
as Councillor and who therefore has served longest on the Council among the two:
Provided that if the two Councillors have the same length of service in office, the office of Mayor shall be filled by the Councillor
who is the more senior in age:
Provided further that in the case that both obtain the same amount of votes but are not elected in the first count, the office of
the Mayor shall be filled by whoever is elected first.";
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(c) the provision in subarticle (2) thereof shall be re- numbered as paragraph (a) thereof and immediately thereafter there shall
be added the following new paragraph:
"(b) In the case where the office of Deputy Mayor shall become vacant, the office of Deputy Mayor shall be filled by that Councillor
belonging to the party that has obtained the absolute majority of Councillors in the Local Council and who obtained the majority
of first preference votes after the Councillor whose office of Deputy Mayor has become vacant.";
(d) in subarticle (4) thereof, for the words "than two working days" there shall be substituted the words "than
four working days"; and
(e) immediately after subarticle (4) thereof, there shall be added the following new subarticle:
"(5) By not later than the third meeting after the Local Council election, each Councillor shall be assigned a specific sector
which he shall monitor and report on to the Local Council. That Councillor may also set up a committee, over which the Councillor
will preside in order to work in that sector. In such case the members of such committee shall be approved by the Council before
those members commence their functions. This matter shall be included in the meetings’ agenda as aforesaid specified.".
Substitution of article 29A of the principal Act.
"Convening of urgent Council meeting.
29A. The Mayor, or at least one-third of the Councillors, shall have the right to request an urgent meeting. The urgent meeting
shall only discuss the urgent matter for which the meeting has been convened and no other. The subsequent meeting shall still be
held on the same day as agreed in the last regular meeting. The Executive Secretary shall be obliged to convene the urgent meeting
by not later than three working days from the receipt of the request.".
Substitution of article 32 of the principal Act.
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following new article:
"Addition of allowance to the Councillors.
32. (1) The Council shall pay an honorarium to the Mayor of its locality as follows:
Cap. 318.
Cap. 318.
(a) in localities having less than five thousand residents (five Councillors), one third of the honorarium payable to a member
of Parliament;
(b) in localities having less than fifteen thousand residents (seven or nine Councillors), one half of the honorarium payable
to a member of Parliament;
(c) in all localities having more than fifteen thousand residents (more than nine Councillors), the honorarium shall
be two thirds of the honorarium payable to a Member of Parliament:
Provided that such honorarium shall not be deemed to be income for the purposes of the Social Security Act.
(2) The Minister may by regulations establish the allowance that Councils may pay to Councillors, which allowance shall be proportionate
to the number of meetings a Councillor has attended in any calendar year:
Provided that such allowance shall not be deemed to be income for the purposes of the Social Security Act:
Provided further that no payments for reinbursement of expenses shall be allowed.
(3) Each Councillor shall, at his own expense, be obliged to install an e-mail service in his residence. Any correspondence, minutes
or documents shall be sent to the Councillors by e-mail and for the purposes of service shall be deemed to have been duly served.
(4) Any Councillor employed with the public sector shall be entitled to attend official Council meetings during office hours without
prejudice to his leave entitlement.".
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(a) in subarticle (1) thereof, paragraphs (m), (n) and (o) shall be renumbered as paragraphs (w), (x) and (z) respectively, and
immediately after paragraph (l) there shall be inserted the following new paragraphs:
"(m) within the context of a national action plan, Councils shall promote social policy initiatives within their locality. A
Council shall work with people having special needs, with children and young people having literacy problems, with the elderly, persons
with mental health problems, in community care as well as initiatives in the area of preventive care;
(n) safeguard local identity and for this purpose take the necessary iniatives to safeguard the local historical and cultural heritage,
traditions and folklore;
(o) in the framework of regulations made by the Minister, extend assistance to artists, musicians and sports persons from their
locality in order that they may develop their talents;
(p) organise cultural activities that promote the locality in every possible way;
(q) protect the natural and urban environment of the locality and take all necessary measures to ensure the more efficient use
of energy, good waste management and climate change iniatives;
(r) in agreement with the education authorities to make the best use of facilities already existing in schools in the locality
after normal school hours such as sports facilities, school halls, information technology laboratories, and other public facilities
in the locality;
(s) organise sports activities for all residents of all ages, co-operate closely with the sports associations from the locality,
to provide good sports facilities and organise such sports activities as are not normally organised by local sports
associations;
(t) ensure to give effect to the concept of life long learning with all residents, particularly adults and the
Amendment to article 33 of the principal Act.
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elderly, by providing such service within the same locality;
library;
(u) provide and maintain the service of a local
(v) to promote an entrepreneurial policy whereby the interests of shop owners and the needs of the residents and the consumer in
the community are catered for. The Council is to encourage activities which promote trade and to facilitate Council procedures to
lessen bureaucracy so that commercial activities can improve the services they provide;";
(b) in paragraph (j) of subarticle (1) thereof, for the word "crèches" there shall be substituted the words "Child
Care Centres";
(c) in paragraph (k) of subarticle (1) thereof, for the words "homes for senior citizens" there shall be substituted
the words "Homes for Senior Citizens, Day Centres for Senior Citizens and Night Care Centres;"; and
(d) immediately after subarticle (2) thereof, there shall be added the following new subarticle:
"(3) (a) Various other new functions may be vested in Local Councils. Each function shall be devolved when the Central
Government will be convinced that Local Councils are prepared to take on such responsibility.
Amendment of article 35 of the principal Act.
Amendment of article 36 of the principal Act.
(b) In the case of devolution of new functions, such new functions will first be devolved on to a small number of Local Councils, possibly of various sizes, to serve as a test.".
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there shall be substituted the words "five hundred euro (500)".
(a) in subarticle (3) thereof, for the words "may form and belong to" there shall be substituted the words "shall
form part of"; and
(b) immediately after subarticle (3) thereof, there shall be added the following new subarticle:
"(4) The number of regions shall be of five as established in the Eleventh Schedule to the Act. Any change of locality
from one region to another shall be made by the Minister after he has consulted the Local Councils Association. Any changes
shall be made after taking in consideration the geographical aspect, total population of each region and the number of Local
Councils in each region.".
Amendment of article 37 of the principal Act.
Amendment of article 39 of the principal Act.
Amendment of article 40 of the principal Act.
Addition of new article to the principal Act.
"Co-financed projects by the European Union.
41. With respect to projects co-financed by the European Union, the tendering procedures shall be in accordance with the rules of
the European Union and shall be regulated by the Department of Contracts.".
(a) in subarticle (2) thereof, immediately after the words "at least once a month" there shall be inserted the words
Amendment of article 43 of the principal Act.
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"as long as this period does not exceed five consecutive weeks", for the words "the Mayor" there shall be substituted
the words "the Council", and the words from "Meetings of the Council" to the words "in office,"
both expressions included, shall be deleted; and
(b) immediately after subarticle (2) thereof, there shall be added the following new subarticle:
Amendment of article 45 of the principal Act.
Amendment of article 46 of the principal Act.
Amendment of article 47 of the principal Act.
"(3) Unless otherwise determined by the unanimous decision of the Councillors, meetings of the Local Councils shall not start before 5.30 p.m. and later than 7.30 p.m. and shall not last for more than three hours.".
"(d) The agenda of the meeting shall be received by the
Councillors at least five working days before the meeting.".
(a) in subarticle (2) thereof, for the words "not more than four other persons" there shall be substituted the words "not less than three persons and not more than eight persons"; and
Substitution of article 47A of the principal Act.
(b) subarticle (6) thereof shall be deleted.
"Communities. 47A. (1) The communities shall be those listed in the Ninth Schedule, which Schedule shall also determine the boundaries
of each community and the streets included therein.
(2) The Minister may add or subtract from the list of communities listed in the Ninth Schedule according to procedures established
in subarticles (3) and (4).
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(3) The Minister may from time to time after consulting the Local Council of the localitydeclare an area within the locality as
a community for the purposes of the law and accordingly such community shall be added by regulations to the Ninth Schedule.
(4) The residents of any area not included in the Ninth Schedule may make a request to their Local Council for the inclusion
of such zone in the Ninth Schedule. The Council shall, within one month from the receipt of the request, discuss it
and make its recommendation to the Minister who shall, within two months from the receipt of the Council’s recommendation, take
a decision on the request.
(5) Every community listed in the Ninth Schedule shall have an Administrative Committee elected in an election for the
purpose held among the residents registered in that community. The election for the appointment of an Administrative Committee shall
be held in accordance with regulations made by the Minister.
(6) The Administrative Ccommittee shall be composed of five persons who shall serve for a period of four years. In
its first meeting the Committee shall appoint a Chairperson from amongst the five elected persons.
(7) The Chairperson of the Administrative Committee shall have the right to attend the Council meetings and take part
in the discussions but shall not be entitled to participate in the decisions.
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(8) The Executive Secretary of the Local Council shall be the Executive Secretary of the Administrative Committee and shall
also be responsible for the financial management thereof. The Mayor of the locality or a representative of the Council nominated
by the Local Council for this purpose shall have the right to attend and participate in Administrative Committee meetings.
(9) The Administrative Committee shall be given a financial allocation which shall be part of the Local Council allocation and this
shall be computed on the basis of the same funding formula, for the Local Council, found in the Eighth Schedule. Any decision
on the use of these funds shall be implemented after ratification by the Local Council of the locality. The Administrative Committee
shall also be entitled to apply for European Union funds and to obtain financing from special funds and other funds to carry
out initiatives and projects in its zone.".
Amendment of article 48 of the principal Act.
(a) in subarticle (1) thereof, for the words "shall, as far as possible," there shall be substituted the word "shall"; and
Amendment of article 49 of the principal Act.
(b) in subarticle (2) thereof, immediately after the words "on all working days" there shall be added the words "including Saturday".
(a) subarticles (1) to (3) thereof, both inclusive, shall be substituted by the following:
"(1) Every Council shall have an Executive
Secretary.
(2) The appointment of the Executive Secretary shall be made by the Local Council following the approval of the Minister which
nomination would have been made under the following subarticle.
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(3) The Executive Secretary shall be a public service official chosen from a pool of persons for this purpose.";
(b) in subarticle (4) thereof, immediately after the words "Executive Secretary respectively" there shall be inserted
the words "from the same pool"; and
(c) immediately after subarticle (4) thereof, there shall be added the following new subarticles:
"(5) The Minister may remove or transfer an Executive Secretary from one Council to another in accordance with the provisions
of subarticle (6) as well as keep a limited number of additional Executive Secretaries from a pool of Executive Secretaries in the
Department so that these may fill any vacant posts that may arise from time to time.
(6) An Executive Secretary may be removed or transferred from one Council to another by the Minister as follows:
(a) at the request of the Council after a motion has been put forward stating the reasons for his removal and after approval by
the Council;
(b) at the request of the Executive Secretary himself providing the reasons why he wants to terminate his office within the Council;
(c) at the request of the Department for Local Government following shortcomings shown in the auditors’ report or following investigations
carried out by the Department, it results that the Executive Secretary has committed any abuse or permitted the commission of abusive
practices and contraventions of the law and of local council regulations:
Provided that in each case the Minister may take such necessary action as he deems fit so that each party can present its case before
taking any final decision:
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Cap. 497.
Provided further that in each case removal from office or the transfer of an Executive Secretary shall not preclude the taking of disciplinary action under the Public Administration Act.".
Amendment of article 52 of the principal Act.
Amendment of article 53 of the principal Act.
52 of the principal Act there shall be added the following new paragraph:
"(g) execute the legitimate decisions of the Council and stop any activity or initiative planned by the Council and which
is in breach of the law, regulations, national or local strategies or policies, or any activity or initiative which has not
been approved by a Council decision.".
(a) the provision of subarticle (1) thereof shall be renumbered as paragraph (a) of the said subarticle and immediately thereafter
there shall be added the following new paragraphs:
"(b) The Department for Local Government may, after receiving a justified request from any Local Council, and after obtaining
the approval of the Minister, authorise such Local Council to employ clerical personnel in excess of the limit established by law.
(c) The Council shall not purchase any clerical services."; and
Amendment of article 55 of the principal Act.
(b) in subarticle (5) thereof, for the words "The Executive Secretary and other employees" there shall be substituted the word "Employees".
(a) in subarticle (2) thereof, for the words "Tenth Schedule" there shall be substituted the words "Eighth Schedule";
(b) in subarticle (3) thereof, immediately after paragraph (d) thereof, there shall be inserted the following new paragraph:
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"(e) The Local Council shall pay the penalty which shall be established by regulations whenever without a
valid reason it does not submit the financial declarations and the reply to a management letter within the stipulated time. Such
penalty will be deducted from the financial allocation of the Local Council and will not be refunded when the aforesaid documents
are filed."; and
(c) immediately after subarticle (3) thereof, there shall be added the following new subarticle:
“(4) The Minister responsible for finance may each year allocate a fund to compensate for the co- financing of European Union
projects.".
"58. The Minister may, after the approval of the Minister of Finance, estabish special funds and make such funds available to Local Councils. These funds shall be distributed by means of regulations to be made by the Minister.".
Substitution of article 58 of the principal Act.
Substitution of article 63A of the principal Act.
"No donation by
Councils.
63A. Any donation whether of money or in kind by the Local Council is prohibited.".
(a) in subarticle (1) thereof, immediately after the words "at least once a year.", there shall be added the
words "After consultation with its residents, the Local Council shall prepare a three-year Work Plan which may be revised.";
and
(b) immediately after subarticle (4) thereof, there shall be inserted the following new subarticle:
"(5) The provisions of subarticle (3) of article 43 shall apply mutatis mutandis to the locality meetings.".
Amendment of article 66 of the principal Act.
Amendment of article 70 of the principal Act.
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Amendment of article 79 of the principal Act.
(a) the provision therein shall be renumbered as subarticle (1) thereof, and the second proviso thereof shall be
deleted; and
(b) immediately after subarticle (1) as renumbered there shall be added the following new subarticle:
Amendment of article 80 of the principal Act.
Addition of new article 81 to the principal Act.
"(2) The Minister may make regulations to regulate twinning agreements between Local Councils.".
"(d) manage the Department for Local Government and ensure that the necessary support is given to Local Councils by the Department;
(e) ensure that the Department provides training for
Councillors and for Local Council employees.".
"When a Council fails to conduct a function.
81. In any case where a Local Council fails to carry out any function within its responsibility, and the Council persists in not
carrying out such function notwithstanding a warning given by the Director, such function may be carried out by any department,
authority or agency at the expense of the said Local Council, and such expenses shall be deducted from the financial allocation of
that Local Council and transferred to the entity which has carried out such function instead of the Council.".
Amendment of the First Schedule to the principal Act.
(a) for the coat of arms for the locality of Kalkara there
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shall be substituted the following:
<.. image removed ..>
Il-Kalkara
(b) for the words "Qormi (Città Pinto)" there shall be substituted the words "Ħal Qormi (Città Pinto)";
(c) for the word "śebbuā (Città Rohan)" there shall be substituted the words "ĦaŜ-śebbuā (Città Rohan)";
(d) for the words "śabbar (Città Hompesch)" there shall be substituted the words "ĦaŜ-śabbar (Città Hompesch)";
(e) for the word "Attard" there shall be substituted the words "Ħ’Attard";
(f) for the word "Balzan" there shall be substituted the words "Ħal Balzan";
(g) for the word "Dingli" there shall be substituted the words "Ħad-Dingli";
(h) for the word "Għargħur" there shall be substituted the words "Ħal Għargħur";
(i) for the word "Għaxaq" there shall be substituted the words "Ħal Għaxaq";
(j) for the word "Kirkop" there shall be substituted the words "Ħal Kirkop";
(k) for the word "Lija" there shall be substituted the words "Ħal-Lija";
(l) for the word "Luqa" there shall be substituted the words "Ħal-Luqa";
(m) for the word "Safi" there shall be substituted the words "Ħal Safi";
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(n) for the word "Sliema" there shall be substituted the words "Tas-Sliema";
(o) for the word "Tarxien" there shall be substituted the words "Ħal Tarxien";
(p) for the word "Māarr" there shall be substituted the words "L-Imāarr";
(q) for the word "}amrun" there shall be substituted the words "Il-}amrun";
(r) for the word "Valletta" there shall be substituted the words "Il-Belt Valletta (Città Umilissima)";
(s) for the word "Mdina" there shall be substituted the words "L-Imdina (Città Nobile)";
(t) for the word "Birgu" there shall be substituted the words "Il-Birgu (Città Vittoriosa)";
(u) for the word "Isla" there shall be substituted the words "L-Isla (Città Senglea)";
(v) for the word "Bormla" there shall be substituted the words "Bormla (Città Cospicua)";
(w) for the word "Si[[iewi" there shall be substituted the words "Is-Si[[iewi (Città Ferdinand)";
(x) for the word "|ejtun" there shall be substituted the words "I\-|ejtun (Città Beland)";
(y) for the word "Rabat" there shall be substituted the words "Ir-Rabat (Città Victoria)";
(z) for the word "Fgura" there shall be substituted the words "Il-Fgura";
(aa) for the word "Floriana" there shall be substituted the words "Il-Furjana";
(bb) for the word "Gudja" there shall be substituted the words "Il-Gudja";
(cc) for the word "G\ira" there shall be substituted the words "Il-G\ira";
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(dd) for the word "G]arb" there shall be substituted the words "L-G]arb";
(ee) for the word "G]asri" there shall be substituted the words "L-G]asri";
(ff) for the word "Iklin" there shall be substituted the words "L-Iklin";
(gg) for the word "Kalkara" there shall be substituted the words "Il-Kalkara";
(hh) for the word "Ker`em" there shall be substituted the words "Ta’ Ker`em";
(ii) for the word "Marsa" there shall be substituted the words "Il-Marsa";
(jj) for the word "Mellie]a" there shall be substituted the words "Il-Mellie]a";
(kk) for the word "Mosta" there shall be substituted the words "Il-Mosta";
(ll) for the word "Mqabba" there shall be substituted the words "L-Imqabba";
(mm) for the word "Msida" there shall be substituted the words "L-Imsida";
(nn) for the word "Munxar" there shall be substituted the words "Il-Munxar";
(oo) for the word "Nadur" there shall be substituted the words "In-Nadur";
(pp) for the word "Naxxar" there shall be substituted the words "In-Naxxar";
(qq) for the word "Qala" there shall be substituted the words "Il-Qala";
(rr) for the word "Qrendi" there shall be substituted the words "Il-Qrendi";
(ss) for the word "Rabat" there shall be substituted the words "Ir-Rabat";
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(tt) for the word "Sannat" there shall be substituted the words "Ta’ Sannat";
(uu) for the word "Swieqi" there shall be substituted the words "Is-Swieqi";
(vv) for the word "Xag]ra" there shall be substituted the words "Ix-Xag]ra";
(ww) for the word "Xewkija" there shall be substituted the words "Ix-Xewkija";
(xx) for the word "Xg]ajra" there shall be substituted the words "Ix-Xg]ajra";
(yy) for the word "|ebbu[" there shall be substituted the words "I\-|ebbu[";
(zz) for the word "|urrieq" there shall be substituted the words "I\-|urrieq"; and
Amendment of the Second Schedule to the principal Act.
(aaa) for the word "Mtarfa" there shall be substituted the words "L-Imtarfa".
(a) for the words "Qormi (Città Pinto)" there shall be substituted the words "Ħal Qormi (Città Pinto)";
(b) for the word "śebbuā (Città Rohan)" there shall be substituted the words "ĦaŜ-śebbuā (Città Rohan)";
(c) for the words "śabbar (Città Hompesch)" there shall be substituted the words "ĦaŜ-śabbar (Città Hompesch)";
(d) for the word "Attard" there shall be substituted the words "Ħ’Attard";
(e) for the word "Balzan" there shall be substituted the words "Ħal Balzan";
(f) for the word "Dingli" there shall be substituted the words "Ħad-Dingli";
(g) for the word "Għargħur" there shall be substituted the words "Ħal Għargħur";
(h) for the word "Għaxaq" there shall be substituted the
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words "Ħal Għaxaq";
(i) for the word "Kirkop" there shall be substituted the words "Ħal Kirkop";
(j) for the word "Lija" there shall be substituted the words "Ħal-Lija";
(k) for the word "Luqa" there shall be substituted the words "Ħal-Luqa";
(l) for the word "Safi" there shall be substituted the words "Ħal Safi";
(m) for the word "Sliema" there shall be substituted the words "Tas-Sliema";
(n) for the word "Tarxien" there shall be substituted the words "Ħal Tarxien";
(o) for the word "Māarr" there shall be substituted the words "L-Imāarr";
(p) for the word "}amrun" there shall be substituted the words "Il-}amrun";
(q) for the word "Valletta" there shall be substituted the words "Il-Belt Valletta (Città Umilissima)";
(r) for the word "Mdina" there shall be substituted the words "L-Imdina (Città Nobile)";
(s) for the word "Birgu" there shall be substituted the words "Il-Birgu (Città Vittoriosa)";
(t) for the word "Isla" there shall be substituted the words "L-Isla (Città Senglea)";
(u) for the word "Bormla" there shall be substituted the words "Bormla (Città Cospicua)";
(v) for the word "Si[[iewi" there shall be substituted the words "Is-Si[[iewi (Città Ferdinand)";
(w) for the word "|ejtun" there shall be substituted the words "I\-|ejtun (Città Beland)";
(x) for the word "Rabat" there shall be substituted the
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words "Ir-Rabat (Città Victoria)";
(y) for the word "Fgura" there shall be substituted the words "Il-Fgura";
(z) for the word "Floriana" there shall be substituted the words "Il-Furjana";
(aa) for the word "Gudja" there shall be substituted the words "Il-Gudja";
(bb) for the word "G\ira" there shall be substituted the words "Il-G\ira";
(cc) for the word "G]arb" there shall be substituted the words "L-G]arb";
(dd) for the word "G]asri" there shall be substituted the words "L-G]asri";
(ee) for the word "Iklin" there shall be substituted the words "L-Iklin";
(ff) for the word "Kalkara" there shall be substituted the words "Il-Kalkara";
(gg) for the word "Ker`em" there shall be substituted the words "Ta’ Ker`em";
(hh) for the word "Marsa" there shall be substituted the words "Il-Marsa";
(ii) for the word "Mellie]a" there shall be substituted the words "Il-Mellie]a";
(jj) for the word "Mosta" there shall be substituted the words "Il-Mosta";
(kk) for the word "Mqabba" there shall be substituted the words "L-Imqabba";
(ll) for the word "Msida" there shall be substituted the words "L-Imsida";
(mm) for the word "Munxar" there shall be substituted the words "Il-Munxar";
(nn) for the word "Nadur" there shall be substituted the
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words "In-Nadur";
(oo) for the word "Naxxar" there shall be substituted the words "In-Naxxar";
(pp) for the word "Qala" there shall be substituted the words "Il-Qala";
(qq) for the word "Qrendi" there shall be substituted the words "Il-Qrendi";
(rr) for the word "Rabat" there shall be substituted the words "Ir-Rabat";
(ss) for the word "Sannat" there shall be substituted the words "Ta’ Sannat";
(tt) for the word "Swieqi" there shall be substituted the words "Is-Swieqi";
(uu) for the word "Xag]ra" there shall be substituted the words "Ix-Xag]ra";
(vv) for the word "Xewkija" there shall be substituted the words "Ix-Xewkija";
(ww) for the word "Xg]ajra" there shall be substituted the words "Ix-Xg]ajra";
(xx) for the word "|ebbu[" there shall be substituted the words "I\-|ebbu[";
(yy) for the word "|urrieq" there shall be substituted the words "I\-|urrieq"; and
(zz) for the word "Mtarfa" there shall be substituted the words "L-Imtarfa".
(a) Standing Order 2 contained therein shall be amended as follows:
(i) in the proviso to paragraph (2) thereof, immediately after the word "Provided" there shall be inserted the word "further";
(ii) in paragraph (2) thereof, immediately after
Amendment of the Sixth Schedule to the prinicipal Act.
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the words "as the Mayor may fix" there shall be added the following two provisos:
"Provided that this meeting shall not be held before the lapse of two working days from the meeting which was not held
due to lack of quorum:
Provided further that the Mayor or whoever is presiding shall wait for up to half an hour from the established time before declaring
lack of quorum;"; and
(iii) immediately after paragraph (2) thereof, there shall be added the following new paragraph:
"(3) In the minutes of that meeting the Executive Secretary shall register the Councillors present, the time elapsed before the
meeting was deferred and the day and time of the deferred meeting.";
(b) In Standing Order 5 contained therein, immediately after paragraph (l) thereof there shall be added the following new paragraph:
"(m) In every Local Council meeting the last item of the agenda shall be the adjournment of the meeting when the date and time
of the next Council meeting shall be fixed.
If there is no unanimous agreement when the next meeting is to be held, the date and time shall be decided by a vote requiring a simple
majority.
Such date and time shall not be changed for any reason and the Executive Secretary and the Mayor shall ensure that the agenda of the
next meeting is delivered to the Councillors at least five days before the date of the meeting. In this manner the Councillors
shall have the opportunity to prepare for what will be discussed during the meeting.";
(c) in paragraph (8) of Standing Order 14A contained therein, immediately after the words "for their safe custody."
there shall be added the words "The Executive Secretary shall also ensure that the approved minutes are posted on the official
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website of the Council.";
(d) immediately after paragraph (4) of Standing Order
29 contained therein, there shall be added the following new paragraph:
"(5) Sub-Committees appointed by the Council shall be directly answerable to the Local Council.";
(e) Standing Order 32 contained therein shall be amended as follows:
(i) paragraph (1) thereof shall be re-numbered as paragraph (a) thereof, and immediately after there shall be added the following
new paragraphs:
"(b) The Executive Secretary shall attach a copy of the Schedule of Payments and a copy of each related document with the agenda
when forwarding the said agenda to the Councillors.
(c) During the meeting requests for payment received after the agenda for that meeting was sent may be brought up.
(d) The Executive Secretary shall mark on each invoice the word "approved" and the date and reference of the meeting
when approval was given.".
"EIGHTH SCHEDULE (Article 55)
Financial Allocation to Local Councils shall cover the following:
1. Landscaping and Maintenance of Parks and Gardens;
2. Roads Maintenance and Roads Fixtures;
3. Waste Management; and
Amendment of the Seventh Schedule to the principal Act.
Substitution of the Eighth Schedule to the principal Act.
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4. Administration;
as worked out in the table below:
1. The Formula
Category | Apportionment | Denominator |
1. Landscaping and Maintenance of Parks and Gardens | ||
Parks and Gardens and Soft Areas | 1 | relevant areas |
2. Roads Maintenance and Infrastructure | ||
Street Sweeping and Weed Cutting | a =13% | road lengths for the four categories of urban roads |
Street Sweeping and Weed Cutting | b= 17% | road lengths for the four categories of urban roads |
Street Sweeping and Weed Cutting | c= 43% | road lengths for the four categories of urban roads |
Street Sweeping and Weed Cutting | d = 27% | road lengths for the four categories of urban roads |
Cleaning of Roads (non-urban) | 1 | road lengths - non-urban zone |
Maintenance of Roads, Bus Shelters, Roads Signs, Markings and Street Lamps | 70% | road lengths - urban zone |
Maintenance of Roads, Bus Shelters, Roads Signs, Markings and Street Lamps | 30% | road lengths - non- urban zone |
3. Waste Management | ||
Refuse Collection and Bins on Wheels | 1 | number of properties |
4. Administration | ||
Administration costs | 1 | number of councillors |
The apportionment for each category will be worked out as follows:
Total area of parks gardens, soft areas and verges in each locality in proportion to the total area of parks, gardens, soft areas and verges of all the localities added together
multiplied by
Total apportionment allocated by Government for the maintenance of parks, gardens, soft areas and verges
Total length of urban roads per category of road (a, b, c and d) in each locality in proportion to the total length of urban roads in of all localities added together per category (a, b, c and d) respectively
multiplied by
Total apportionment allocated by Government for the cleaning of urban roads per category (a, b, c, d) respectively
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Where a, b, c and d are the road lengths for the four categories of urban roads of locality determined according to the frequency
of cleaning required.
Total length of non urban roads in each locality in proportion to the total length of non-urban roads in all the localities added together
multiplied by
Total apportionment allocated by Government for the cleaning of non-urban roads
[(Total length of non urban roads in each locality in proportion to the total length of urban roads in all of the localities added together multiplied by 30%)
added to
(Total length of urban roads in each locality in proportion to the total length of roads in all of the localities added together multiplied by 70%)]
multiplied by
Total apportionment allocated by Government for the maintenance of roads, bus shelters, roads signs, markings and street lamps
Total number of properties in each locality in proportion to the total number of properties in all of the localities added together
multiplied by
Total apportionment allocated by Government for waste management
Total number of councillors in the locality in proportion to the total number of councillors in all of the localities added together
multiplied by
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Total apportionment allocated by Government for administration.
Amendment to the Ninth Schedule to the Principal Act.
Substitution of the Tenth Schedule to the principal Act.
The workings related to the four functions in Section 1 of this Schedule are explained in detail in the document titled ‘Funding Module for Local Government 2009’ held by the Department for Local Government.".
"TENTH SCHEDULE
Time-table of Elections for Local Councils
2009 Elections in one-third of the Local Councils specified hereunder*
2010
2011
2012 Elections in half the Local Councils specified hereunder**
2013 Elections in half the Local Councils specified hereunder
***
2014
2015 Elections in half the Local Councils (2012 group) ****
2016
2017 Elections in half the Local Councils (2013 group)
2018
2019 Elections in half the Local Councils (2012 group)
2020
2021 Elections in half the Local Councils (2013 group)
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* elections are held in Imdina, Bormla, |abbar, Rabat (G), Birkirkara, Fgura, Gudja, G]arb, G]axaq, Kalkara, Lija, Marsaskala, M[arr,
Msida, Nazzar, Pietà, Rabat (M), San {wann, Sannat, Sliema, Tarxien, Xg]ajra and Mtarfa
** the Local Councils which will hold elections this year will be
22 Local Councils which were meant to hold their elections in 2010 which are Birgu, Isla, }al Qormi, }a\-|ebbu[ (Malta), Si[[iewi,
}’Attard, }al Balzan, }ad-Dingli, Bir\ebbu[a, Floriana, G\ira, G]ajnsielem, }al G]arg]ur, }amrun, Iklin, Ker`em, Kirkop, }al- Luqa,
Marsa, Marsaxlokk, Mosta, Munxar, Nadur, Paola, Qala, }al Safi, San {iljan, San Lawrenz, San Pawl il-Ba]ar, Santa Lu`ija, Swieqi,
Xag]ra, |ebbu[ (Gozo) and |urrieq
*** this year elections will be held for those Councils which held their election in 2009 and eleven Local Councils which were meant
to hold their elections in 2011. Valletta, Mdina, Bormla, }a\-
|abbar, |ejtun, Rabat (Gozo), Birkirkara, Fgura, Fontana, Gudja, G]arb, G]asri, G]axaq, Kalkara, }al Lija, Marsaskala, Mellie]a,
L- Im[arr, Msida, Mqabba, Naxxar, Pembroke, Pietà, Qrendi, Rabat (Malta), San {wann, Sannat, Santa Venera, Tas-Sliema, Ta’ Xbiex,
}al Tarxien, Xewkija, Xg]ajra and Mtarfa
**** this group will, once only, have a term of three years - but before it would have had a term of five years (part of it) so that
elections are brought to a year in/year out situation.".
"ELEVENTH SCHEDULE
Addition of new Eleventh Schedule to the principal Act.
Gozo Region | Northern Region | Central Region | Southern Region | South Eastern Region |
Ir-Rabat (Città Victoria) | L-Imdina (Città Notabile) | }’Attard | Il-Belt Valletta (Città Umilissima) | }al Qormi (Città Pinto) |
Fontana | }ad-Dingli | }al Balzan | Il-Birgu (Città Vittoriosa) | }a\-|ebbu[ (Città Rohan) |
G]ajnsielem | }al-G]arg]ur | Birkirkara | L-Isla (Città Senglea) | Is-Si[[iewi (Città Ferdinand) |
L-G]arb | Il-Mellie]a | Il-G\ira | Bormla (Città Cospicua) | Bir\ebbu[a |
L-G]asri | L-Im[arr | L-Iklin | }a\-|abbar (Città Hompesch) | Il-Gudja |
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Ta’ Ker`em | Il-Mosta | }al-Lija | I\-|ejtun (Città Beland) | }al G]axaq |
Il-Munxar | In-Naxxar | L-Imsida | Il-Fgura | Il-}amrun |
In-Nadur | Pembroke | Pietà | Il-Furjana | }al Kirkop |
Il-Qala | Ir-Rabat | San {iljan | Il-Kalkara | }al-Luqa |
San Lawrenz | San Pawl il- Ba]ar | San {wann | Il-Marsa | L-Imqabba |
Ta’ Sannat | Is-Swieqi | Santa Venera | Marsaskala | Il-Qrendi |
Ix-Xag]ra | L-Imtarfa | Tas-Sliema | Marsaxlokk | }al Safi |
Ix-Xewkija | Ta’ Xbiex | Ra]al {did | Santa Lu`ija | |
I\-|ebbu[ | }al Tarxien | I\-|urrieq". | ||
Ix-Xg]ajra |
Passed by the House of Representatives at Sitting No. 143 of the
30th September, 2009.
LOUIS GALEA
Speaker
PAULINE ABELA
Clerk to the House of Representatives
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