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L.S. 327.437 Ordni dwar l-Akkademja tal-Arti ta’ Malta

MALTA ACADEMY FOR THE ARTS [ S.L.327.437 SUBSIDIARY LEGISLATION 327.437 MALTA ACADEMY FOR THE ARTS ORDER 27th November, 2012 LEGAL NOTICE 410 of 2012, as amended by Legal Notice XXIX of

  2. The title of this Order is the Malta Academy for the Arts Order. Citation.
  3. The object of this Order is to establish and provide for matters related to the Malta Academy for the Arts as an entity established in terms of article 49 of the Education Act. Scope. Amended by: XXIX.2019.
  5. In this Order, unless the context otherwise requires - Cap.
  6. "the Academy" means the Malta Academy for the Arts; Interpretation. Amended by: XXIX.2019.
  7. "the Act" means the Education Act; Cap.
  8. "Board of Governors" means the Board established by article 9; "Board of Studies" means the Board established by article 11; "the Chairman" means the Chairman of the Board of Governors of the Malta Academy for the Arts; "the Deputy Chairman" means the Deputy Chairman of the Board of Governors of the Malta Academy for the Arts; "the Director" means the Director of the Malta Academy for the Arts with such functions and responsibilities as established in article 16; "Malta Qualifications Framework " has the same meaning assigned to it by article 63 of the Act; "the Minister" means the Minister responsible for education; "the Permanent Secretary" means the person appointed to supervise educational provision in Malta in terms of the Public Administration Act; "the Principal Permanent Secretary" means the person appointed in terms of article 14 of the Public Administration Act; Cap.
  9. Cap.
  10. "programme" has the meaning assigned to it by article 63 of the Act; "provider" has the meaning assigned to it by article 63 of the Act; "qualification" has the same meaning assigned to it by article 63 of the Act.
  11. The provisions of this Order shall be without prejudice to the functions of the Principal Permanent Secretary under the Public Administration Act and to his powers to issue directives and guidelines with respect to government agencies. General. Cap.
  12. 1 2 [ S.L.327.437 Legal personality and juridical representation of the Academy. MALTA ACADEMY FOR THE ARTS 5.

(1)The Academy shall be a body corporate having a distinct legal personality and shall be capable, subject to the provisions of the Act and of this Order, of entering into contracts, of acquiring, holding and disposing of any kind of 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 the Act and this Order.
(2)The legal and juridical representation of the Academy shall vest in the Director, provided that the Board of Governors may appoint any one or more of its members or of the officers or employees of the Academy to appear in the name and on behalf of the Academy in any judicial proceedings or in any act, contract, instrument or any other document.
(3)The Academy shall assume the legal personality previously vested in the following schools within the Directorate for Lifelong Learning of the Ministry responsible for Education: (
  1. a)the Johann Strauss School of Music (Malta); (
  2. b)the School of Arts (Malta); (
  3. c)the Malta Drama Centre (Mikiel Ang Borg, Malta); (
  4. d)the School of Music (Sannat, Gozo); (
  5. e)the School of Arts (Għajnsielem, Gozo); and (
  6. f)the School of Drama (Nadur, Gozo); and from the date of entry into force of this Order, the Academy shall assume responsibility for all assets, liabilities and obligations previously entered into by the said schools or by other bodies on their behalf. Official languages. 6. The official languages of the Academy are Maltese and English. The Academy may use either of both languages for official purposes. Aims. 7.
(1)The Academy shall be a centre of specialisation in visual and performing arts education. In fulfilling its mission, the Academy shall adhere to the following principles: (
  1. a)the provision of a learner-centred curriculum and which promotes creativity, innovation, participation, reflection, personal independence and the holistic development of learners; (
  2. b)the provision of an inclusive learning environment, ensuring equitable access to all persons irrespective of any diversity; (
  3. c)the promotion of professional development through lifelong learning opportunities for all types of learners; (
  4. d)the provision of individual guidance and mentoring to learners; (
  5. e)the development of artistic excellence and professional skills of learners, enabling them to fulfil their potential within the Cultural and Creative Industries; MALTA ACADEMY FOR THE ARTS (
  6. f)[ S.L.327.437 3 the promotion of internationalisation and inter-cultural cooperation; (
  7. g)the ongoing development and strengthening of visual and performing arts within the Cultural and Creative Industries as a key element of education in Malta; (
  8. h)through its operations, the promotion of local talent and generally of the Maltese culture and tradition; (
  9. i)through its operations, the promotion of the development of the visual and performing arts sector within the Cultural and Creative Industries; and (
  10. j)the enhancement of mobility, recognition and quality of visual and performing arts education.
(2)The Academy shall ensure synergy and collaboration with private entities and voluntary organisations which provide visual and performing arts education, and also with other organisations, including local band clubs, dance, art and drama organisations.
(3)The Academy shall aim to enhance the quality of teaching professionals in the visual and performing arts sector.
(4)The Academy for the Arts shall offer the following: (
  1. a)visual and performing arts programmes at the levels up to and including level 5 of the Malta Qualifications Framework; (
  2. b)with the approval of the Minister, visual and performing arts programmes at levels 6 to 8 of the Malta Qualifications Framework; (
  3. c)opportunities for undertaking new and alternative pathways in compulsory education within the Academy, with a focus on one or more of the visual and performing arts core subjects, including music, art, drama and dance; and (
  4. d)short, industry-based courses to service and support the needs of the Cultural and Creative Industries. 8.
(1)The governing bodies of the Academy shall be the following: Governing bodies of the Academy. (a) the Board of Governors; and (b) the Board of Studies.
(2)The principal officers of the Academy are: (
  1. a)the Chairman; (
  2. b)the Director; (
  3. c)the Heads of Institutes; and (
  4. d)the Branch Managers. 9.
(1)The Board of Governors shall be the highest governing body of the Academy. It shall be composed of not less than seven and not more than nine members to be appointed by the Minister for a period of three years and the members shall be eligible to be Composition of the Board of Governors. 4 [ S.L.327.437 MALTA ACADEMY FOR THE ARTS re-appointed after their term of office expires. The members of the Board shall serve in their personal capacity.
(2)The Minister shall appoint from among the members of the Board of Governors a Chairman and a Deputy Chairman. Where the Chairman is abroad or for any other reason, for a temporary period, is unable to perform his functions, the Deputy Chairman shall act as Chairman and shall perform the powers and functions of the Chairman.
(3)The Director shall have a right to attend the meetings of the Board of Governors without having a right to vote, provided that he shall withdraw from each meeting where matters concerning him personally are discussed.
(4)The members of the Board of Governors shall be such perso ns having comp etence or ex perience i n the sectors of education, music, arts, drama, culture, visual and performing arts and in the Cultural and Creative Industries, and who, in the opinion o f t h e M i n i s t e r, p o s s e s s l e a d e r s h i p q u a l i t i e s , a n d h a v e a n understanding of the importance of visual and performing arts education within the context of general cultural and creative development: Provided that the Minister shall nominate as members of the Board of Governors such persons to represent the interests of any of the branches of the Academy, as may be required.
(5)A member of the Board of Governors may at any time be removed from office by the Minister on the grounds of inability to perform the functions of his office as required, either because of mental disorder or physical illness, or for any other reason due to which the member would no longer be fit to occupy such office or due to bad conduct.
(6)A member of the Board of Governors may resign from his office through a letter addressed to the Minister. If any member tenders his resignation or is removed from his office by the Minister or should the office of any member become in any manner vacant, the Minister may appoint a qualified person to take up this post and any person who is so appointed shall keep on occupying that post up to the termination of the term of office of the person being so substituted and such person shall be eligible to be reappointed.
(7)Any absence or vacancy among the members of the Board of Governors, or any participation in its meetings by any person who is not entitled to such act, shall not invalidate the procedures of the Board, insofar as there is a quorum of not less than one-half of the number of members of the Board of Governors plus one.
(8)Subject to the provisions this Order, the Board of Governors may appoint committees and generally regulate its own procedures.
(9)The Board of Governors shall appoint a Secretary to keep minutes and a record of the meetings and of its decisions.
(10)The Board of Governors shall meet at least once every two months. MALTA ACADEMY FOR THE ARTS [ S.L.327.437
(11)The Board of Governors shall take all necessary precautions and treat information on commercially sensitive matters in a highly confidential manner in its relations with both public and private entities that may be concerned. 10.
(1)The Board of Governors shall have the duty of performing the objectives and to exercise the powers of the Academy as provided in this Order, and shall in particular have the following functions: (
  1. a)to develop the direction, strategy and image of the Academy and any of its branches, including the adoption of periodic development plans for the Academy and its branches; (
  2. b)to acquire, administer and control the resources, facilities and property, both movable and immovable, of the Academy, including the procurement and utilisation of resources for the running of the Academy and any of its branches; (
  3. c)to distribute between the Institutes and any branches within the Academy, as the case may be, the resources available to the Academy by way of funds and by way of premises, facilities, services, equipment and persons; (
  4. d)to assist and advise the Director in achieving a level of excellence in the standards of the Academy’s courses and programmes; (
  5. e)to assist the Director in ensuring that the Academy adheres to the requirements of the National Commission for Further and Higher Education, as provided in the Act or any regulation made thereunder; (
  6. f)subject to the provisions of articles 7 and 14, to establish courses, programmes, institutes, outreach centres, libraries, offices and other structures within the Academy for fulfilment of the mission of the Academy: Provided that the courses, programmes and institutes may only be established by the Board of Governors following consultation with the Board of Studies; (
  7. g)with the approval of the Minister, to constitute branches of the Academy in Malta, Gozo and abroad; (
  8. h)to determine, in accordance with the requirements of the Malta Qualifications Framework, the conditions for admission into a programme or course provided by the Academy; (
  9. i)to provide appropriate procedures for the assessment and certification of learners; (
  10. j)to supervise the expenditure and the administration of the Academy and to approve the annual budget proposals to be submitted to the Minister within a given time; Functions and powers of the Board of Governors. 5 6 [ S.L.327.437 MALTA ACADEMY FOR THE ARTS (
  11. k)to appoint the Director, and on his advice, also to appoint all other principal officers of the Academy; (
  12. l)to set up, and abolish, any post of an academic or other nature and make appointments thereto; (
  13. m)to make guidelines and establish procedures concerning the performance and the conduct of students, teachers and other persons entrusted with rendering any service at the Academy, whether engaged by an indefinite or a definite contract of service, or by a contract for service, or if seconded or on loan to the Academy by government, public or private entities; (
  14. n)to make guidelines to establish rules relating to any programme or course provided by the Academy; (
  15. o)to make any other guidelines, rules and procedures as provided in this Order; (
  16. p)to appoint Maltese or foreign examiners according to pre-established guidelines and procedures, and to ensure that payment is effected for their service; (
  17. q)to ensure that proper academic levels are retained and improved upon; (
  18. r)to establish internal quality assurance schemes as required by the Act or any regulation made thereunder and required auditing procedures for the operations of the Academy; (
  19. s)to endeavour to undertake relevant projects of a crossborder nature and to enter into such agreements as appear to it necessary with public of private educational and cultural entities in Malta and overseas for the fulfilment of the mission of the Academy; (
  20. t)through the Ministry responsible for education in cooperation with, where necessary, the Ministry responsible for culture, to publicise and promote the Academy’s policies, plans, courses, programmes and operations in a manner which establishes the Academy and its branches as a vital element of the Maltese visual and performing arts sector; (
  21. u)to establish ancillary activities related to the operations of the Academy with the direct purpose of enhancing the learning experience of learners; (
  22. v)to perform any other function which it may deem necessary to execute the powers and functions of the Academy which are not, by means of this Order, vested in another governing body of the Academy; and (
  23. w)to undertake any other function assigned to it by the Minister from time to time.
(2)The Board of Governors shall also approve the curricula and the syllabi submitted by the Board of Studies and, where it deems it so necessary, to revert the same to such Board of Studies MALTA ACADEMY FOR THE ARTS [ S.L.327.437 7 together with its advice about any proposed amendments.
(3)The Board of Governors shall ensure that the awards of the Academy are recognised both at a national and at an international level, and that, wherever applicable, are related to the standards established in the Malta Qualifications Framework. 11. The Board of Studies shall be constituted of the following members: The Board of Studies. (
  1. a)the Director who presides ex officio; (
  2. b)the Heads of Institutes; (
  3. c)two members of academic staff from each Institute, elected by and from among the academic staff of each Institute; (
  4. d)one student from each Institute, elected by and from among the learners of each Institute; and (
  5. e)two members from among the members of the Board of Governors. 12.
(1)The Board of Studies shall be responsible for the general direction of the provision of programmes and courses of the Academy, and shall have the following functions: (
  1. a)to propose to the Board of Governors the programmes and courses to be provided by the Academy, following consultation with interested stakeholders regarding the curriculum of such programmes and courses; (
  2. b)to propose to the Board of Governors guidelines regarding programmes and courses provided by the Academy, documentation and examinations at the Academy and to establish such awards and distinctions for such candidates satisfying the applicable conditions on completion of the programmes and courses; (
  3. c)to decide about the persons to whom awards and other distinctions shall be awarded; (
  4. d)to verify that the assessment procedures used by the Academy are in conformity with the approved academic policies of the Academy; (
  5. e)to establish, subject to the provisions of the Act and this Order, the entry conditions to programmes and courses of the Academy; (
  6. f)to nominate Maltese or foreign examiners according to pre-established guidelines and procedures to the Board of Governors for its approval; (
  7. g)to recognise, following a recommendation by the competent authorities according to the Act, such qualifications, awards and distinctions of other education providers for the purpose of access into a programme or course of the Academy; (
  8. h)to advise to the Board of Governors on any matter Functions of the Board of Studies. 8 [ S.L.327.437 MALTA ACADEMY FOR THE ARTS related to learning in relation to visual and performing arts education; and (
  9. i)to deal about any other matter which refers to education and training and as may arise in the administration of the Academy.
(2)The Board of Studies shall meet at least every six weeks and the quorum for the meetings shall be of not less than one-half of the number of members of the Board plus one.
(3)The Board of Studies may act notwithstanding any vacancy in its membership and the quorum shall be computed as if there was no such vacancy. Common provisions for the governing bodies of the Academy. 13.
(1)Any question proposed for decision at any meeting of any governing body of the Academy shall be determined by a majority of the votes of the members present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote.
(2)Unless otherwise provided in this Order, persons holding office on a governing body not ex officio shall hold that office for a period of two years: Provided that such persons shall continue so to hold office, despite the expiry of their term, until the election or appointment of another person to substitute that person. The Institutes of the Academy. 14. Within the Academy there shall be the following institutes: (a) the Institute of Arts; (b) the Institute of Drama and Dance; (c) the Institute of Music; and (d) any other institute that the Board of Governors may establish with the approval of the Minister. Powers and duties of the Chairman of the Board of Governors. 15.
(1)The Chairman of the Board of Governors shall be the highest officer of the Academy and shall be responsible for ensuring that the Academy complies with the Act and this Order.
(2)The Chairman shall issue guidelines and procedures of the governing bodies of the Academy and may revert as many times as necessary to any governing body such guidelines and procedures which in his opinion are not in terms of the law.
(3)The Chairman shall whenever he deems it necessary, have the power to convene and preside the Board of Governors and the Board of Studies. Functions and responsibilities of the Director. 16.
(1)Without prejudice to the powers vested in the governing bodies of the Academy by the Act and by the provisions of this Order, the Director shall, subject to the direction of the Board, be responsible for the daily administration of the Academy, shall be the Chairman of the Board of Studies ex officio and shall be vested with the legal representation of the Academy and any of its branches in Malta and Gozo.
(2)The Director shall be appointed to hold office for a term not MALTA ACADEMY FOR THE ARTS [ S.L.327.437 9 exceeding three years: Provided that the Director shall be eligible for reappointment for further periods each of not more than three years.
(3)The Director shall exercise authority over the academic staff, examiners, learners, examination candidates, employees and whosoever is entrusted with rendering any service to the Academy, and he shall enforce discipline and the strict observance of the Act a n d t h e pr o v i s i on s o f t h i s Or d e r a n d o f t he g u i de li n e s a nd procedures of the Academy.
(4)The Director shall not hold any other office or position or carry on any business activity in the visual and performing arts sector without the consent in writing of the Board of Governors.
(5)The Director shall be responsible for ensuring the execution of the policies and decisions of the governing bodies of the Academy.
(6)The Director shall have the power to summon the Board of Studies.
(7)The Director shall confer awards and distinctions of the Academy.
(8)The Director shall ensure that, insofar as it depends on him, the governing bodies are regularly constituted and that their work is planned and coordinated, ensuring that they meet regularly as established by this Order and that the decisions of the governing bodies of the Academy are executed.
(9)The Director shall provide for the organisation of such elections required by this Order, including that they actually be held in the manner provided and without undue delay.
(10)The Director shall ensure that the operations of the Academy shall follow a performance agreement of the Academy which is to be agreed to between the Permanent Secretary and the Academy and for this purpose article 30 of the Public Administration Act shall mutatis mutandis apply. Cap. 595.
(11)The Director shall give effect, as soon as practicable, to any written request, not inconsistent with any provision of this Order, which the Minister may make in relation to the policy to be followed by him in the discharge of his functions, and in relation to any matter which appears to the Minister to affect the Academy and any of its branches.
(12)The Director shall provide the Board with regular reports on the performance and finances of the Academy.
(13)The functions of the Director shall include the overall responsibility for all aspects of the Academy and any of the branches of the Academy in Malta or Gozo.
(14)Without prejudice to the provisions of this Order, the Director shall undertake any other function as directed by the Board of Governors. 17.
(1)Heads of Institute shall, under the direction of the Heads of Institute. 10 [ S.L.327.437 MALTA ACADEMY FOR THE ARTS Director, be responsible for all matters related to the proper functioning of their respective Institute. To such end, they shall perform such duties as may be requested by the Director according to the exigencies of the Academy.
(2)Without prejudice to the provisions of this Order, the Heads of Institute shall perform such functions as are delegated to them by the Director, including that to act on his behalf as may be necessary. Staff appointments with formal duties. 18.
(1)Appointment of all staff with formal and regular duties shall be made by the Director and confirmed by the Board of Governors.
(2)The appointment of academic staff with formal and regular duties shall be made in the grades determined by the Board of Governors, with the approval of the Minister, according to the qualifications and professional experience of the person being appointed. Posts may be advertised for appointments within specified grades. Official dress. 19. The proper official dress which the principal officers of the Academy, academic staff, employees, graduates, learners and other m e m b e r s o f t h e A c a d e m y ar e e x p e c t e d t o w e a r o n o ff i c i a l occasions shall be provided in guidelines made by the Board of Governors. Granting of awards. 20.
(1)Awards shall be granted at a public ceremony or, with the consent of the Board of Governors, at a private ceremony or in absentia.
(2)A candidate shall be eligible for an award of the Academy only after certification by the Director that all the conditions provided by the relevant guidelines of the Academy have been fulfilled, and insofar as all other obligations and responsibilities of the candidate towards the Academy have also been satisfied.
(3)No person may be considered as holding an award of the Academy unless such award has been conferred as prescribed in sub-article
(1). Branches of the Academy. 21.
(1)The Academy shall establish, in the manner required in article 10, and by means of guidelines adopted by the Board of Governors, branches of the Academy in Malta, Gozo or overseas.
(2)The Board of Governors shall appoint a Branch Manager for each of its branches in Malta or Gozo. The Branch Manager shall be responsible for the administration of the branch to which he is assigned, shall be answerable to the Director with respect to the execution of his functions and shall report to the Director as may be required by the Director.
(3)The Academy’s branches in Malta and Gozo shall be governed by the Board of Governors established in accordance with article 9. The Board of Governors, shall involve, as and where necessary, the Branch Managers in the manner provided in article 9
(3), mutatis mutandis.
(4)The Academy shall ensure that the financing, planning, MALTA ACADEMY FOR THE ARTS [ S.L.327.437 11 education and training provision, staff appointments and salaries and any relevant fees of the branches shall be integrated within one overarching system applicable to the Academy.
(5)The guidelines referred to sub-article
(1)shall establish, in accordance with this Order, the manner in which the relations between the respective branch and the Academy shall take place, in particular with respect to the development of programmes and courses, the awards given by branches, the external relations of the branches, appointments of staff in the branches and any other matter that falls under the responsibility of the Board of Governors and the Director in relation to the Academy.
(6)The Board of Governors shall make such arrangements for any of the Academy’s branches overseas which may, with the approval of the Minister, be exempt from the requirements of subarticles
(2)to
(5)insofar as such branch serves to fulfil the mission of the Academy as provided in this Order. 22. Articles 113 to 115 of the Act shall apply to the Academy in relation to staff appointments: Officers and staff. Provided that, for the purpose of this Order: (
  1. a)any reference to the Prime Minister in article 114 of the Act shall be construed as reference to the Principal Permanent Secretary, following the direction of the Prime Minister; (
  2. b)in assessing the pensionable emoluments of any officer detailed for duty with the Academy as provided in article 114 of the Act, for the purposes of any pension entitlement under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Academy in excess of what he is entitled to as a public officer; and Kap. 93. Kap. 58. (
  3. c)during the time in respect of which any officer is detailed to perform duties with the Academy as provided in paragraph (b), his terms and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid. Such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits. 23. In accordance with the provisions of article 130 of the Act, the me mb e rs o f th e Bo a rd of Governors a nd a ny offi c e r or employee of the Academy, shall be considered and be treated as public officers for the purposes of the Criminal Code. Persons considered to be public officers. Cap. 9. 24.
(1)Articles 116 to 124 of the Act shall apply to the Academy in relation to the financial matters of the Academy. Financial provisions. 12 [ S.L.327.437 Cap. 601. Fees and stipends. MALTA ACADEMY FOR THE ARTS
(2)The Academy shall be governed by the provisions of the Public Finance Management Act, unless otherwise stated in the Academy’s performance agreement entered into by the Permanent Secretary and the Academy in terms of article 16
(10), in which case the provisions of the said performance agreement shall prevail. 25. In accordance with the provisions of article 126 of the Act, the Minister, upon being so advised by the Board of Governors, may: (
  1. a)prescribe by regulations the fees to be charged for examinations and special courses and the fees to be paid by students who are not Maltese citizens; (
  2. b)exempt any person from the payment of such fees; and (
  3. c)determine rates of maintenance grants or stipends payable to learners within the Academy and impose conditions for the payment of such. Relations with the Minister. 26.
(1)Article 134 of the Act shall apply to the Academy’s relations with the Minister.
(2)Save as otherwise provided in the Act or in this Order, the Academy shall be under the general direction of the Minister and, subject to such direction, under the supervision of the Permanent Secretary.
(3)The Minister may, in relation to matters that appear to him to affect the public interest, from time to time give to the Academy directions in writing of a general character not inconsistent with the provisions of the Act or of this Order, on the policy to be followed by the Academy in the carrying out of its functions, by or under the Act and this Order, and the Academy shall, as soon as possible, give effect to all such directions.
(4)Any guidelines made by the Academy as provided in this Order require approval by the Minister for these to come into effect. Cap. 595.
(5)Save as otherwise provided in the Act or this Order, article 28 of the Public Administration Act shall mutatis mutandis apply to the Academy. Cap. 595.
(6)The Minister may establish an Advisory Board to assist the Director in the manner provided under article 32 of the Public Administration Act. Transfer of property. 27.
(1)The property and undertakings owned by the Government and used by it immediately before the date of the coming into force of this Order, where used by it for the operation of any of the functions which by this Order are being transferred to or vested in the Academy shall, on the date aforesaid, by virtue of this Order and without further assurance, be transferred to and be vested in the Academy under the same title by which they were held by the Government immediately before the said date. The provisions of this article shall not apply to immovable property.
(2)The use and administration of the immovable assets from time to time specified in an order made by the President of Malta MALTA ACADEMY FOR THE ARTS [ S.L.327.437 13 and published in the Gazette (hereinafter referred to as "the immovable assets") being immovable assets which, immediately before the coming into force of this Order, were owned by the Government and used by it for the exercise of any of the functions which by thi s Act are b eing tran sferred t o o r v est ed i n th e Academy, shall, with effect from such day as may be specified in any such Order and by virtue of this Order and without any further assurance, be transferred to and vested in the Academy under the same title by which they were held by the Government before such day.
(3)The transfer and vesting aforesaid shall extend to the whole of such property and undertakings and, without prejudice to the generality aforesaid, shall include all plant, equipment, apparata, instruments, vehicles, craft, buildings, structures, installations, land, roads, works, stocks and other property movable or immovable, assets, powers, rights and privileges and all things necessary or ancillary thereto which are held or enjoyed in connection therewith or appertai ning thereto, as well as all obligations affecting or relating to any of the aforesaid property or undertakings or other thing included therein as aforesaid.
(4)Any transfer of property, whether moveable or immovable, shall be subject to all those terms and conditions that the President, on consultation with the Minister, may deem necessary to ensure that such property is exclusively used for the purposes of the functions of the Academy or purposes ancillary thereto. 28. Subject to the provisions of this Order, all laws, rules, regulations, orders, judgements, decrees, awards, deeds, bonds, contracts, agreements, instruments, documents, warrants and other arrangements, subsisting immediately before the date of the coming into force of this Order affecting or relating to any of the properties or undertakings transferred to the Academy by or under this Order shall have full force and effect against or in favour of the Academy, and shall be enforceable freely and effectually, as if, instead of the Government or governmental authority, the Academy had been named therein or had been a party thereto, and otherwise in substitution of the Government or governmental authority. Vesting of rights in the Academy. 29.
(1)When anything has been commenced by or under the authority of the Government prior to the date of the coming into force of this Order, and such thing relates to any of the properties or undertakings or any right or liability transferred to the Academy by or under this Order, such thing may be carried on and completed by or as authorised by the Academy. Transitory provisions.
(2)Where, immediately before the coming into force of this Order, any legal proceedings are pending to which the Government is or is entitled to be a party, and such proceedings are related to any of the properties or undertakings, or any right or liability transferred by or under this Act, the Academy shall, as from the date aforesaid, be substituted in such proceedings for the Government, or shall be made a party thereto in like manner as the Government could have become substituted, and such proceedings shall not abate by reason of such substitution. 14 [ S.L.327.437 MALTA ACADEMY FOR THE ARTS
(3)The Minister may, by order, make such incidental, consequential and supplemental provisions as he may deem necessary or expedient for the purpose of determining, as appropriate, the assets transferred to the Academy by this Order and securing and giving full effect to the transfer of any property or undertaking or any right or liability to the Academy by this Order 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 property or undertakings exercisable by or on behalf of the Academy.

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.