NATIONAL PRODUCTIVITY BOARD [ S.L. 431.03 SUBSIDIARY LEGISLATION 431.03 NATIONAL PRODUCTIVITY BOARD REGULATIONS 25th October, 2019 LEGAL NOTICE 275 of 2019, as amended by Legal Notice 231 of 2024. 1. The title of these regulations is the National Productivity Board Regulations. Title. 2.
(1)The scope of these regulations is to establish a National Productivity Board, in line with the Council Recommendation of 20 September 2016 on the establishment of National Productivity Boards of the Council of the European Union (2016/C 349/01). Scope.
(2)Save as otherwise provided in these regulations and the Act, the Council Recommendation shall always be considered for the purposes of anything related to the Board, including the appointment of its members, its modus operandi and its objectives. 3.
(1)For the purposes of these regulations unless the context otherwise requires: "the Act" means the Malta Council for Economic and Social Development Act; Interpretation. Cap. 431. "Board" means the National Productivity Board established in accordance with regulation 4; "Council" means the Malta Council for Economic and Social Development established by virtue of article 3 of the Act; "Council Recommendation" means the Council Recommendation of 20 September 2016 on the establishment of National Productivity Boards of the Council of the European Union as in force from time to time (2016/C 349/01); "Minister" means the Minister responsible for social dialogue.
(2)Save as otherwise provided in these regulations, the definitions provided for in the Act shall apply to these regulations. 4.
(1)There shall be established a board, to be known as the National Productivity Board, in accordance with the provisions of these regulations.
(2)The Board shall act in accordance with the provisions of these regulations: consider Provided that in so acting the Board shall, at all times, the fulfilment of the objectives of the Council Establishment of the National Productivity Board. 1 2 [ S.L. 431.03 NATIONAL PRODUCTIVITY BOARD Recommendation: Provided further that should these regulations fail to provide for anything referred in the Council Recommendation in relation to national productivity boards, the Board shall resolve any lacuna relating to its activity by making reference to the Council Recommendation. Objectives of the Board. 5.
(1)The objectives of the Board shall include the fulfilment of the objectives of the Council Recommendation, as well as the diagnosis and analysis of productivity and competitiveness developments in Malta: Provided that such analysis should take into account euro area and European Union aspects and address the long-term drivers and enablers of productivity and competitiveness, including innovation, and the capacity to attract investment, businesses and human capital, and to address cost and non-cost factors that can affect prices and quality content of goods and services including relative to global competitors in the short term: Provided further that such analysis should be based on transparent and comparable indicators.
(2)The Board shall engage in the independent analysis of policy challenges in the field of productivity and competitiveness and assess the effects of policy options, making trade-offs of policy explicit. Composition of the Board. Amended by: L.N. 231 of 2024. 6.
(1)The Board shall be composed of twelve
(12)members which shall consist of the Chairperson as referred to in paragraph (a) and eleven
(11)other members which shall be appointed by the Prime Minister, as follows: (
- a)the Chairperson of the Council who shall ex officio act as the Chairperson of the Board; (
- b)a senior official nominated by the Minister responsible for finance; (
- c)a member nominated by the Governor of the Central Bank of Malta; (
- d)four
(4)members to be nominated by the workers’ organisations constituted bodies sitting in the Council. (e) four
(4)members to be nominated by constituted bodies representing national employers’ organisations sitting in the Council; (f) a senior official nominated by the Minister responsible for the economy. NATIONAL PRODUCTIVITY BOARD [ S.L. 431.03
(2)The term of office for all persons appointed as members in accordance with sub-regulation
(1)(b) to (f), shall be of four
(4)years: Provided that the said persons may not be members of the Board for more than two consecutive terms of office, but shall otherwise be eligible for reappointment.
(3)Members of the Council may be appointed members of the Board, without prejudice to the appointment of members who are not members of the Council.
(4)Members of the Board shall be remunerated according to standard rates applicable to boards in terms of Government policy.
(5)All members to be appointed in accordance with subregulation
(1)(b) to (f), are to be appointed after taking into consideration the eligibility guidelines referred to in regulation 6.
(6)A member of the Board may resign his office at any timeby giving notice in writing to the Prime Minister.
(7)A person shall be disqualified from holding office and shall cease to hold office as a member of the Board if he: (
- a)(
- b)creditors; is declared bankrupt; makes a composition or arrangement with (
- c)is convicted on indictment of an offence or is convicted outside Malta of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in Malta; (
- d)is convicted of an offence involving fraud or dishonesty; or (
- e)has a declaration under the Companies Act made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of that Act.
(8)The Prime Minister may at any time remove a member of the Board on any of the following grounds: (a) the member becomes in any way disqualified from holding office as such, in accordance with sub-regulation
(7); (
- b)disability to perform his functions; (
- c)if the member has become incapable through illhealth of effectively performing his function as a Board member; Cap. 386. 3 4 [ S.L. 431.03 NATIONAL PRODUCTIVITY BOARD (
- d)neglect of duty; (
- e)proven misbehaviour; or (
- f)the member has a conflict of interest of such significance that, in the opinion of the Prime Minister, the member shall cease to hold office.
(9)A member of the Board may not be removed from office unless a resolution providing for such removal is approved by the House, which resolution shall state the grounds for the removal.
(10)Where the Prime Minister appoints a new member of the Board because a member of the Board has died, resigned, been removed from office or becomes disqualified from holding office, the term of office of the new member shall be the remainder of the term of office of the former member.
(11)majority: The Board shall determine all its matters by simple Provided that in case of parity of votes, the Chairperson shall have a casting vote in addition to his original vote.
(12)members. The quorum for Board meetings shall be of seven
(13)The Board may act notwithstanding any vacancy amongst its members, provided there is a quorum present at the meeting.
(14)In any case in which the Chairperson referred in subregulation
(1)(a) is absent for a meeting of the Board, and subject to sub-regulation
(12), the members of the Board may appoint a Chairperson for said meeting from amongst themselves, and such an appointed Chairperson shall exercise such powers as are given to the Chairperson under these regulations.
(15)Without prejudice to any provision of these regulations, the Board shall regulate its own procedure. Experience of Board members. Amended by: L.N. 231 of 2024. 7. All members of the Board to be appointed in accordance with regulation 6
(1)(b) to (f), are to be appointed after taking into consideration their experience in social dialogue and, or competence in competitiveness and productivity so as to ensure that the Board consists of people capable of fulfilling the objectives of the Council Recommendation and the requirements of these regulations. Functions of the Board. 8.
(1)shall include: (
- a)To fulfil its objectives, the functions of the Board any function referred to in the Council NATIONAL PRODUCTIVITY BOARD [ S.L. 431.03 5 Recommendation; (
- b)preparing an annual report outlining the main competitiveness and productivity challenges facing Malta, and the policy responses required to meet them and any recommendations thereto. The report will be forwarded to the Council; (
- c)engaging in research work for the fulfilment of the functions for which the Board was set up for.
(2)In exercising its functions, the Board may avail itself of the expertise available to the Ministry responsible for finance and for so doing it may also enter into agreements with such Ministry to further specify how the Board may make use of such expertise.
(3)Without prejudice to sub-regulation
(2), the Board may also seek the assistance of other entities, academics, operators or service providers as may be adequate to assist the Board in the exercise of its functions, particularly in so far as research work is involved: Provided that such assistance shall be provided in line with specific agreements as may be approved by the Board;: Provided further that any agreement referred to under this sub-regulation shall be awarded and entered into in line with public procurement law as in force from time to time.
(4)Views expressed by the Board in its publications or by individual members of the Board speaking on its behalf, shall not necessarily represent the views of the Government. 9.
(1)In acting according to these regulations, the Board shall always act in a manner which is objective, neutral and fully independent regarding analysis and content. Objectivity of the Board.
(2)In acting according to these regulations, the Board may also consult relevant stakeholders, but should not convey only or mainly the opinions and the interests of a particular group of stakeholders. 10.
(1)Without prejudice to any other law, the Board may request appropriate access to information as required by it, or as is expedient to fulfil its mandate.
(2)Board. Access to information. Article 8 of the Act shall apply mutatis mutandis to the 11. In all its activities according to these regulations, the Board and its members shall at all times act autonomously and independently and no person not being a member thereof may direct or Independence of the Board. 6 [ S.L. 431.03 NATIONAL PRODUCTIVITY BOARD in any manner influence any of its members in fulfilling their functions as Board members, nor may any person appointing any member of the Board subject such appointment to any condition, direction or objective not specifically provided for in these regulations or the Council Recommendation. Confidentiality. 12.
(1)Other than for the proper discharge of their duties or functions under these regulations, or as may be otherwise provided in any other law, the members of the Board or any other person providing services, employed or in any manner assisting the Board or the members thereof, shall consider all information and documents in relation to the Board or provided thereto as confidential and shall not, in any way or manner, disclose such information and documents, in whole or part thereof, to anyone but the members of the Board: Provided that the Board may authorise, upon a request being made to it or ex officio, any disclosure as it may instruct and according to such conditions as it may deem fit: Provided further that, without prejudice to any other law or obligation, information and documents originating from persons extraneous to the Board, or publicly available, shall not be subject to confidentiality according to this regulation.
(2)For the purposes of this regulation and without prejudice to any other law or obligation, confidentiality obligations according to this regulation shall also indefinitely bind: (
- a)all former members of the Board; (
- b)any person who provided services, was employed or in any manner assisted the Board or the members thereof; and (
- c)any person who comes into contact with confidential information pertaining to the Board.
(3)Persons subject to confidentiality obligations according to this regulation shall be so subject whether they are compensated or remunerated or not for their relationship or any other involvement whatsoever with the Board.
(4)Without prejudice to the foregoing provisions of this regulation, the Board may, pursuant to a written request, disclose information to any person, body or entity as it may deem fit, so however that any such disclosure and the reasons thereof are to be registered in a written resolution of the Board before disclosure is effected: Provided that the Board may also disclose any requested information if it so decides when a request is made pursuant to the terms of understanding assumed in bilateral or multilateral agreements NATIONAL PRODUCTIVITY BOARD [ S.L. 431.03 for the exchange of information and other forms of collaboration with overseas bodies or authorities including a request arising under a Memorandum of Understanding concluded with the Board: Provided further that the Board shall disclose any requested information when obliged to do so according to any other law, whether domestic or international.
(5)A person who contravenes the provisions of this regulation shall be guilty of an offence and liable, on conviction, to a fine (multa) not exceeding one thousand euro (€1000).
(6)The provisions of this regulations shall not apply when disclosure is in favour of the Minister, following a request by the Minister.
(7)Any person charged with violations of article 257 of the Criminal Code or of the Professional Secrecy Act, shall not be found guilty if he proves, to the satisfaction of the competent court, that his disclosure is regulated and, or sanctioned under the provisions of this regulation. Cap. 9. Cap. 377.
(8)Any investigation or criminal proceeding for a violation of this regulation may not be initiated unless the Executive Police, or any other competent authority, is requested to do so through a complaint by the Board expressed through a resolution of the Board signed by the Chairperson. 13.
(1)Without prejudice to regulation 6
(4), the Board shall be financed by the Council according to the needs of the Board.
(2)Articles 9, 10 and 13 of the Act shall apply mutatis mutandis in relation to the Board. Financial provisions. 7