L.S. 542.04(R) Regolamenti dwar ŻFIN Malta Imħassrin bl-Avviż Legali 118 tal-2023

(3); "Council" means the Arts Council Malta as established by the Arts Council Malta Act; "European Union" has the same meaning as is assigned to it by the European Union Act; "Minister" means the Minister responsible for Culture. 3.

(1)There shall be established an Agency, to be known as ŻFIN Malta to be responsible for the establishment and development of a dance ensemble.

(2)The Agency shall be a body corporate having a distinct legal personality and capable of entering into contracts, of acquiring and disposing of property of any kind for the purposes of its functions under these regulations any other law, of suing and of being sued, and of doing all such things and entering into all transactions as are incidental to or conducive to the exercise or performance of its functions aforesaid.

(3)The Agency shall be composed of the Chairperson appointed under regulation 4

(3)and the Board established under regulation 4

(2), and any other department necessary for the fulfilment of the powers and functions as outlined in these regulations.

(4)The Agency shall have the power to formulate its own rules and administrative procedures.

(5)The Agency shall have the power to engage any individual meeting the professional skills required to deliver the agencies artistic programme in the best manner possible.

(6)The Agency will achieve its objective through the performance, amongst others of these functions: (

1. a)to engage an ensemble of high quality Maltese and International artists in developing and delivering a repertoire of dance performances on a national and *These regulations have been repealed by Legal Notice 118 of 2023. Cap. 542. Cap. 460. Establishment of Agency. 1 2 [ S.L.542.04 ŻFIN MALTA international level; (
2. b)reflect cross cultural dialogue and collaboration within a dance ambit; (
3. c)support the position of Malta as a cultural hub of contemporary dance in Europe and the Mediterranean; (
4. d)support the establishment of Malta’s role as an international partner in the cultural and creative sectors; (
5. e)provide employment opportunities in dance, particularly to a community of young Maltese artists through professional practice, community development, training, outreach and arts management; (
6. f)develop collaborative partnerships between artists and creative practitioners from other sectors of the creative industries both on a national and international level; (
7. g)develop audiences by presenting high quality dance related performances and projects in an inclusive and accessible manner.

(7)to: In fulfilling its functions, the Agency shall have the power (

1. a)with the consent of the Minister, take part in the formation of a company, or enter into joint ventures or partnerships for the purpose of fulfilling any of its functions; (
2. b)collaborate with Local Councils, non-governmental organisations and other persons for the carrying out of its functions; (
3. c)deal, negotiate and enter into agreements of a permanent or temporary nature with any public body, public authority, government department, public corporation, local council, or private entity or person in fulfilling its functions; (
4. d)appoint, in writing, a person or persons for a specified duration to render services of any nature. The person so appointed in pursuance of this paragraph shall discharge any specific duties and function as may be assigned to him under this paragraph and by the Agency in the letter of appointment. Composition of the Board. 4.

(1)The Board shall consist of a Chairperson and another four voting members.

(2)The members of the Board shall be appointed by the Minister from a list of persons who appear to such Minister to have experience and show ability in matters relating to the sector.

(3)The Minister shall designate one of the members of the Board of Directors as the Chairperson.

(4)Each member of the Board of Directors shall occupy such post for a term of three years. The members so appointed may be eligible for re-appointment on the expiration of their term of office. ŻFIN MALTA [ S.L.542.04

(5)The Minister may designate any one other member of the Board as Deputy Chairperson and the member so designated shall have all the powers and perform all the functions of the Chairperson during his temporary absence or inability to act as Chairperson, or while the Chairperson is on vacation, or during any vacancy in the office of Chairperson: Provided that if the Chairperson’s absence is permanent or long-lasting, the Minister may appoint any other person as Chairperson and in such case the foregoing provisions shall apply in respect of such person.

(6)A person shall not be qualified to hold office as Chairperson or as any member of the Board if that person: (

1. a)is a Judge or Magistrate of the courts of justice; or (
2. b)is legally interdicted or incapacitated; or (
3. c)is convicted of an offence affecting public trust, or of theft or fraud, or of knowingly receiving property obtained by theft or fraud or of bribery or of money laundering; or has otherwise been sentenced to a term of imprisonment for a term not less than three months; (
4. d)is subject to disqualification under article 320 of the Companies Act; (
5. e)has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions: Provided that the Minister may waive the disqualification of a person under this paragraph if such person declares the interest, and such declaration and waiver are published in the Gazette.

(7)Subject to the provisions of this regulation, the office of a member of the Board shall become vacant: (

1. a)on the expiration of the member’s term of office; (
2. b)if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified for appointment as member; or (
3. c)if the member resigns or if one of the scenarios mentioned in sub-regulation

(9)materialise.

(8)The Chairperson or any other member of the Board may be relieved from office by the Minister prior to the expiry of his term of office where, in the opinion of the Minister, he has been guilty of misconduct or on ground of inability to continue to perform the functions of office, due to infirmity of mind or of body, of misbehaviour, or any other reasonable cause.

(9)If the office of a member of the Board is vacant, or if a Board member is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed to be a Board member to be a temporary member of the Board; and any person so appointed shall, subject to the provisions of sub-regulations

(7)and

(8), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may Cap. 386 3 4 [ S.L.542.04 ŻFIN MALTA be, when the member who was unable to perform the functions of his office resumes those functions.

(10)(

1. a)The Board may act notwithstanding any vacancy among its members: provided a quorum is present at each meeting. (
2. b)(
3. i)The quorum at all meetings of the Board shall not be less than three voting members. (
4. ii)In the absence of the Chairperson at any meeting of the Board, the Deputy Chairperson shall act as chairperson; in the absence of both the Chairperson and of the Deputy Chairperson, the members present may select from amongst themselves a person to act as chairperson at the meeting. (
5. c)The decisions of the Board shall be taken by a majority of the votes of the members present and voting. The Chairperson presiding at the meeting shall have a second or casting vote. (
6. d)The Board shall hold such number of meetings as may be necessary for the performance of its functions, and shall meet not less than once a month. The Chairperson of his own motion or any two of the voting members may at any time convene a meeting of the Board.

(11)There shall be paid to the voting members of the Board such remuneration, if any, as the Minister may from time to time determine.

(12)The Board shall appoint one of the agency’s officers to act a s S e cr et a r y o f t h e B o ar d f o r s u c h p e r i o d a s i t sh a l l d e e m appropriate.

(13)The Board may regulate its own procedure generally, and, in particular, regarding the holding of meetings of the Board, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes, the custody, production and inspection of such minutes, and the opening, keeping, closing and audit of accounts.

(14)Any member of the Board shall abide by the Code of Ethics for Board Directors in the Public Sector issued by the Office of the Prime Minister. Any member of the Board, shall also sign an understanding outlining his duties as a Board member, inter alia, the duty of confidentiality and regulating conflict of interests. Appointment of Agency Administrator. 5.

(1)The Board may appoint an Agency Administrator from a list of persons after a call of applications. The Agency Administrator shall hold office for a period of three years and the individual occupying the role may be re-appointed for one further consecutive term. If the individual is so re-appointed for one further consecutive term, the individual occupying the role may not be re-appointed for a further consecutive term until the lapse of six consecutive years, in which the present mechanism shall start to run anew. ŻFIN MALTA [ S.L.542.04 5

(2)The executive conduct of the Agency, its administration and organisation and the administrative control of its officers and employees, shall be the responsibility of the Agency Administrator who shall also have such other powers as may from time to time be delegated to him by the Agency.

(3)Subject to the provisions of subregulation

(2)the Agency may exercise its functions through any of its officers or employees or through an entity or agency authorised for the purpose, or through a contractor or other person with whom an agreement for the performance of any one or more of such functions has been entered into.

(4)The Agency Administrator may attend the meetings of the Board but shall not have a vote at such meetings: Provided that the agency may, if it deems so fit, require the Agency Administrator not to attend any of the meetings or any part of a meeting.

(5)The Agency Administrator shall, upon taking office, sign an understanding outlining his duties of confidentiality and conflict of interests, which shall regulate his term.

(6)The Agency Administrator may be relieved from office by the Board, upon consultation with the Minister, prior to the expiry of his term of office where, in the opinion of the Board, he has been guilty of misconduct or on ground of inability to continue to perform the functions of office, due to infirmity of mind or of body, of misbehaviour, or any other reasonable cause. 6.

(1)The Board shall appoint an Artistic Director from a list of persons after a call for applications. The Artistic Director shall hold office for a period of three years and the individual occupying the role may be re-appointed for one further consecutive term. If the individual is so re-appointed for one further consecutive term, the individual occupying the role may not be re-appointed for a further consecutive term until the lapse of six consecutive years, in which the present mechanism shall start to run anew.

(2)The artistic direction of the Agency together with the direction of employees engaged in both the artistic and the technical departments shall be the responsibility of the Artistic Director who shall also have such other powers as may from time to time be delegated to him by the Agency.

(3)The Artistic Director shall attend the meetings of the Board but shall not have a vote at such meetings: Provided that the agency may, if it deems so fit, require the Artistic Director not to attend any of the meetings or any part of a meeting.

(4)The Artistic Director shall, upon taking office, sign an understanding outlining his duties of confidentiality and conflict of interests, which shall regulate his term.

(5)The Artistic Director may be relieved from office by the Board, upon consultation with the Minister, prior to the expiry of his term of office where, in the opinion of the Board, he has been Appointment of the Artistic Director 6 [ S.L.542.04 ŻFIN MALTA guilty of misconduct or on ground of inability to continue to perform the functions of office, due to infirmity of mind or of body, of misbehaviour, or any other reasonable cause. Duties of the Artistic Director 7.

(1)The Artistic Director shall, subject to the general direction of the Board, be responsible for the implementation of the artistic objectives of the Agency in the exercise of its functions by (

1. a)developing strategies addressing the objectives of the Agency; (
2. b)devising and directing an artistic programme that shall meet the vision and goals of the Agency; (
3. c)assuming full responsibility for the management, coordination and development of the artistic department within the Agency; (
4. d)advise the Agency on any matter it may refer to him or on any matter which he considers necessary or expedient; (
5. e)perform such other duties as the Agency may be assigned to him from time to time. Legal representation. 8.

(1)The legal representation of the Agency shall vest in the Chairperson: Provided that the Agency may appoint any one or more of its members or officers or employees to appear in the name and on behalf of the Agency in any judicial proceedings and in any act, contract, instrument or other document whatsoever.

(2)Any document purporting to be an instrument made or issued by the Agency and signed by the Chairperson or issued by and signed by the Agency Administrator shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Agency or the Agency Administrator. Staff appointments. Cap. 595 9.

(1)Subject to the provisions of the Constitution, any other enactment applicable thereto, and without prejudice to the other provisions of these regulations, the appointment of employees of the Agency shall be made by the Agency itself. The terms and conditions of employment shall be established by the Agency with the concurrence of the Minister.

(2)The Agency shall appoint and employ, at such remuneration and upon such terms and conditions as it may determine, such officers and employees of the Agency as may from time to time be necessary for the due and efficient discharge of the functions of the Agency.

(3)In line with the provisions of the Public Administration Act or with the approval of the Prime Minister, the Agency may request, after consultation with the Minister, from time to time, that any public employee shall be detailed for duty with the Agency in such capacity and with effect from such date as may be specified in the direction.

(4)Where a public officer is detailed for duty with the agency ŻFIN MALTA [ S.L.542.04 such officer shall, during the time in which such direction is in force, be under the administrative direction and control of the head of the agency, but shall otherwise remain and retain all rights and duties as a public officer, and for the purpose of any law relating to government service pensions, service with any such agency shall be deemed to be service with the Government: Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service pensions, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the agency in excess of what he is entitled to as a public officer: Provided further that during the time in respect of which he is so detailed to perform duties with the agency 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.

(5)(

1. a)For the purposes of calculating pensionable emoluments, posts and salary grades with the agency shall be classified in the most nearly corresponding grades and incremental levels in the services of the Government of Malta by reference to job descriptions, skills, responsibilities and other analogous factors. (
2. b)For the purposes of calculating pensionable emoluments no post shall be classified in a grade higher than that of a Grade 3 in the service of Government or such other grade that the Minister responsible for finance may from time to time, by notice in the Gazette, determine. (
3. c)Without prejudice to any other law, where on the date of the coming into force of these regulations, arrangements which should have been made with respect to public officers that have been detailed in terms of any applicable law have not been finalised, the Prime Minister may issue regulations with the purpose of resolving any administrative difficulties that may have arisen between the time that a public officer has been detailed. 10.

(1)Without prejudice to the following provisions of this regulation, the Agency shall so conduct its affairs that so much of the expenditure required for the proper performance of its functions shall, as far as practicable, be met out of its revenue.

(2)For such purpose the Agency shall levy all fees, rates and other payments prescribed or deemed to be prescribed by or under these regulations or any other law related to the powers and functions of the Agency. ŻFIN Malta to meet expenditure out of revenue. 7 8 [ S.L.542.04 ŻFIN MALTA

(3)The Agency shall also be paid by the Government out of the Consolidated Fund such sums as the House of Representatives, may from time to time authorise to be appropriated to meet any of its expenditure that cannot be met out of its revenue and the costs of specified works to be continued or otherwise carried out by the Agency.

(4)Any excess of revenue over expenditure shall, subject to such directives as the Minister, after consultation with the Minister of Finance, may from time to time give, be applied by the Agency to the formation of reserve funds to be used for the purposes of the Agency; and without prejudice to the generality of the powers given to the Minister by this sub-regulation, any direction given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may be specified in the direction, of any part of the fees, rates and other payments levied in accordance with sub-regulation

(2)or any such excess as aforesaid.

(5)Any funds of the Agency not immediately required to meet expenditure may be invested in such manner as may from time to time be approved by the Minister. Advances from Government. 11. The Minister of Finance may, after consultation with the Minister, make advances to the Agency of such sums as he may agree to be required by the Agency for carrying out any of its functions under these regulations, and may make such advances on suc h t erm s and con dit io ns as h e m ay, af ter con sult atio n as aforesaid, deem appropriate. Any such advance may be made by the Minister of Finance out of the Consolidated Fund, and without further appropriation other than these regulations, by warrant under his hand authorising the Accountant General to make such advance.